From Casetext: Smarter Legal Research

Cutler v. Brockington

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1960
10 A.D.2d 712 (N.Y. App. Div. 1960)

Opinion

March 7, 1960

Present — Nolan, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ. [ 19 Misc.2d 28.]


In an action to recover damages for personal injuries, the appeal is from a judgment, entered on a jury's verdict, in favor of respondent against appellant. Judgment unanimously affirmed, with costs. There was evidence that appellant's truck was being operated on the Manhattan Bridge at a speed which the jury could have found to have been inconsistent with the exercise of reasonable care under the circumstances. This together with the fact of skidding, was sufficient to warrant submission of the issue of negligence to the jury. (See Lo Piccolo v. Knight of Rest Prods. Corp., 7 A.D.2d 369; Neumann v. Metropolitan Tobacco Co., 20 Misc.2d 1013.) The verdict is supported by the record.


Summaries of

Cutler v. Brockington

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1960
10 A.D.2d 712 (N.Y. App. Div. 1960)
Case details for

Cutler v. Brockington

Case Details

Full title:LESTER E. CUTLER, Respondent, v. JAMES BROCKINGTON, Defendant, and RUTIG…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 7, 1960

Citations

10 A.D.2d 712 (N.Y. App. Div. 1960)

Citing Cases

Norman v. Druzbick

Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, whether the defendant…

Massicotte v. Malinowitz

In our opinion, the record presents issues of fact which should not have been summarily decided on motion.…