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Faichney v. Ketelsen

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1937
250 App. Div. 868 (N.Y. App. Div. 1937)

Opinion

April 26, 1937.


Action to recover damages for injuries to the infant plaintiff as a result of having been struck by the automobile of one of the defendants, and by his father to recover for loss of services. Judgment and order denying motion to set aside the verdict as against the weight of the evidence reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. Appeal from order denying motion for a new trial on the ground of newly-discovered evidence dismissed. It was error to charge that crossing a street at a place other than a street intersection is of itself evidence of negligence. Although no exception was taken, the interests of substantial justice require that there should be a new trial. Lazansky, P.J., Carswell, Davis, Adel and Close, JJ., concur.


Summaries of

Faichney v. Ketelsen

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1937
250 App. Div. 868 (N.Y. App. Div. 1937)
Case details for

Faichney v. Ketelsen

Case Details

Full title:FREDERICK FAICHNEY, an Infant under the Age of Fourteen Years, by ERNEST…

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

Date published: Apr 26, 1937

Citations

250 App. Div. 868 (N.Y. App. Div. 1937)

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