From Casetext: Smarter Legal Research

Slater v. Brooklyn and Queens Transit Corporation

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1942
263 App. Div. 1017 (N.Y. App. Div. 1942)

Opinion

March 23, 1942.


In an action to recover for the wrongful death of plaintiff's intestate who, plaintiff claims, was struck by the corporate defendant's trolley car while he was crossing the street, the jury rendered a verdict for plaintiff for $6,000. The court, on a reserved motion, set aside the verdict and dismissed the complaint, holding that there was no evidence showing negligence on the part of defendant's motorman. Order and judgment affirmed, with costs. No opinion. Lazansky, P.J., Hagarty, Johnston and Taylor, JJ., concur; Close, J., concurs for affirmance of the order in so far as it set aside the verdict, but dissents otherwise and votes to reverse the judgment and, on the ground that the evidence presented a question of fact for the jury, votes to grant a new trial.


Summaries of

Slater v. Brooklyn and Queens Transit Corporation

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1942
263 App. Div. 1017 (N.Y. App. Div. 1942)
Case details for

Slater v. Brooklyn and Queens Transit Corporation

Case Details

Full title:EVA SLATER, as Administratrix, etc., of JAMES SLATER, Deceased, Appellant…

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

Date published: Mar 23, 1942

Citations

263 App. Div. 1017 (N.Y. App. Div. 1942)