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Motisi v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1929
225 App. Div. 824 (N.Y. App. Div. 1929)

Opinion

January, 1929.


Judgment reversed upon the law and the facts and new trial granted, costs to appellant to abide the event. We are of opinion that the court erred in holding that plaintiff had failed to prove any negligence on the part of defendant. There is proof that defendant's car was being driven fast as it approached plaintiff's intestate and that it did not slacken its speed at all until plaintiff's intestate was struck. The testimony that the car went but a short distance after the collision does not, as a matter of law, disprove defendant's negligence. Lazansky, P.J., Rich, Young, Hagarty and Scudder, JJ., concur.


Summaries of

Motisi v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1929
225 App. Div. 824 (N.Y. App. Div. 1929)
Case details for

Motisi v. Brown

Case Details

Full title:MARGARET MOTISI, as Administratrix, etc., of SIMONE MOTISI, Deceased…

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

Date published: Jan 1, 1929

Citations

225 App. Div. 824 (N.Y. App. Div. 1929)