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Culver v. Deckert

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1930
228 App. Div. 876 (N.Y. App. Div. 1930)

Opinion

March, 1930.

Present — Sears, P.J., Crouch, Taylor, Thompson and Crosby, JJ.


Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event upon the ground that it was reversible error to decline to submit to the jury the question as to whether the child was non sui juris. ( Camardo v. N.Y. State Railways, 247 N.Y. 111; Jacobs v. Koehler S.G. Co., 208 id. 416; Zwack v. N.Y., L.E. W.R.R. Co., 160 id. 362; Stone v. Dry Dock, etc., R.R. Co., 115 id. 104; Ihl v. Forty-second Street Grand St. Ferry R.R. Co., 47 id. 317.) All concur, Taylor, J., upon the additional ground that the finding that the child was free from contributory negligence was against the weight of the evidence, except Thompson, J., who dissents and votes for affirmance.


Summaries of

Culver v. Deckert

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1930
228 App. Div. 876 (N.Y. App. Div. 1930)
Case details for

Culver v. Deckert

Case Details

Full title:CHARLES CULVER, Respondent, v. RENE DECKERT, Appellant

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

Date published: Mar 1, 1930

Citations

228 App. Div. 876 (N.Y. App. Div. 1930)