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SCHMELZER v. LAPP

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 1, 1927
222 App. Div. 724 (N.Y. App. Div. 1927)

Opinion

November, 1927.

Present — Hubbs, P.J., Sears, Crouch, Taylor and Sawyer, JJ.


Judgment and order affirmed, with costs. All concur, except Taylor, J., who dissents and votes for reversal on the law for the following reasons: Plaintiff was entitled to rely somewhat upon an observance of the law by the automobile driver; but he was also obligated to use reasonable caution affirmatively in safeguarding himself. His own testimony shows that he failed entirely to do so, and there is no testimony to the contrary. Therefore, I dissent and vote for reversal and a dismissal of the complaint on the ground that plaintiff was guilty of contributory negligence as a matter of law.


Summaries of

SCHMELZER v. LAPP

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 1, 1927
222 App. Div. 724 (N.Y. App. Div. 1927)
Case details for

SCHMELZER v. LAPP

Case Details

Full title:ELLIOT SCHMELZER, an Infant, etc., Respondent, v. JOHN J. LAPP and…

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

Date published: Nov 1, 1927

Citations

222 App. Div. 724 (N.Y. App. Div. 1927)