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In re Application of Martin v. Carruthers

Appellate Division of the Supreme Court of New York, First Department
Mar 27, 2001
281 A.D.2d 996 (N.Y. App. Div. 2001)

Summary

In Martin v. Carruthers, 69 Colo. 464, 195 P. 105, (Denison, J.,) it was held that the failure of plaintiff to carry two lights, as required by statute, if unexplained or unjustified, was negligence per se, but since there was room for two opinions under the evidence as to whether that negligence was a cause contributing to the collision, it was for the jury.

Summary of this case from Arps v. City & County of Denver

Opinion

March 27, 2001.

Application for an order pursuant to Article 78 of the Civil Practice Law and Rules denied and the petition dismissed, without costs or disbursements.

Lawrence Martin, for Pro Se.

David B. Cohen, Morrie I. Kleinbart, for respondent.

Before: Nardelli, J.P., Tom, Andrias, Rubin, Saxe, JJ. All concur.


Application denied, petition dismissed.


Summaries of

In re Application of Martin v. Carruthers

Appellate Division of the Supreme Court of New York, First Department
Mar 27, 2001
281 A.D.2d 996 (N.Y. App. Div. 2001)

In Martin v. Carruthers, 69 Colo. 464, 195 P. 105, (Denison, J.,) it was held that the failure of plaintiff to carry two lights, as required by statute, if unexplained or unjustified, was negligence per se, but since there was room for two opinions under the evidence as to whether that negligence was a cause contributing to the collision, it was for the jury.

Summary of this case from Arps v. City & County of Denver
Case details for

In re Application of Martin v. Carruthers

Case Details

Full title:IN RE APPLICATION OF LAWRENCE MARTIN, PETITIONER, FOR A JUDGMENT, ETC., v…

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

Date published: Mar 27, 2001

Citations

281 A.D.2d 996 (N.Y. App. Div. 2001)

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