Wojenski v. Prankard

New York Court of Appeals

Wojenski v. Prankard

164 N.E. 581, 249 N.Y. 555, 1928 N.Y. LEXIS 899

DecidedOctober 26, 1928

StatusPublished

This text of 164 N.E. 581 (Wojenski v. Prankard) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wojenski v. Prankard, 164 N.E. 581, 249 N.Y. 555, 1928 N.Y. LEXIS 899 (N.Y. 1928).

Pincite

Opinion

Per Curiam.

The judgment of the Appellate Division and that of the Trial Term should be reversed and a new trial granted, with costs to abide the event.

Held, that upon the record before us there was an issue of fact (1) as to whether the deceased was invited by the defendant to accompany him in the boat described in the evidence; (2) as to whether the defendant was guilty of negligence, and (3) as to whether the deceased was guilty of contributory negligence.

Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

The judgment of the Appellate Division and that of the Trial Term should be reversed and a new trial granted, with costs to abide the event.

Held, that upon the record before us there was an issue of fact (1) as to whether the deceased was invited by the defendant to accompany him in the boat described in the evidence; (2) as to whether the defendant was guilty of negligence, and (3) as to whether the deceased was guilty of contributory negligence.

Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

164 N.E. 581, 249 N.Y. 555, 1928 N.Y. LEXIS 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wojenski-v-prankard-ny-1928.