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Johnson v. City of Amsterdam

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1935
245 App. Div. 894 (N.Y. App. Div. 1935)

Opinion

September, 1935.

Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.


Appeals from three judgments against the city of Amsterdam. Two were for personal injuries received by passengers riding in an automobile, in the night time, that was in collision with a street sweeper belonging to the defendant and operated by its agents. The third judgment was in favor of the owner and driver, for damage to the automobile and for personal injuries. The evidence justifies a finding that the sweeper, without lights, was being driven along a street on a dark, rainy night, and that the accident would not have happened had the tail light been lit. The issue as to contributory negligence was for the jury. The section of the city charter as to notice of defects or obstructions in the city streets did not apply. Judgments and orders unanimously affirmed, with costs in one action.


Summaries of

Johnson v. City of Amsterdam

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1935
245 App. Div. 894 (N.Y. App. Div. 1935)
Case details for

Johnson v. City of Amsterdam

Case Details

Full title:ROSE JOHNSON, Respondent, v. CITY OF AMSTERDAM, NEW YORK, Appellant…

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

Date published: Sep 1, 1935

Citations

245 App. Div. 894 (N.Y. App. Div. 1935)