Wittenberg v. Wittenberg

Appellate Division of the Supreme Court of New York

Wittenberg v. Wittenberg

243 A.D. 820

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1935

StatusPublished

This text of 243 A.D. 820 (Wittenberg v. Wittenberg) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wittenberg v. Wittenberg, 243 A.D. 820 (N.Y. Ct. App. 1935).

Pincite

Opinion

Plaintiff was a guest in defendant’s automobile, which was traveling northerly along the viaduct at the Grand Central Terminal in Manhattan and through the tunnel approaching Forty-fifth street. Defendant, who was driving, testified that a car in the rear was attempting to pass on his left and that he turned to the right “ too fast ” and ran into the wall, as the result of which the plaintiff was injured. Judgment unanimously affirmed, with costs. In our opinion, the jury was justified in finding negligence on the part of the defendant regardless of the doctrine of res ipsa loquitur. Present — Lazansky, P. J., Hagarty, Seudder, Tompkins and Davis, JJ.

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Plaintiff was a guest in defendant’s automobile, which was traveling northerly along the viaduct at the Grand Central Terminal in Manhattan and through the tunnel approaching Forty-fifth street. Defendant, who was driving, testified that a car in the rear was attempting to pass on his left and that he turned to the right “ too fast ” and ran into the wall, as the result of which the plaintiff was injured. Judgment unanimously affirmed, with costs. In our opinion, the jury was justified in finding negligence on the part of the defendant regardless of the doctrine of res ipsa loquitur. Present — Lazansky, P. J., Hagarty, Seudder, Tompkins and Davis, JJ.

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Bluebook (online)

243 A.D. 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wittenberg-v-wittenberg-nyappdiv-1935.