# Motisi v. Brown

> Appellate Division of the Supreme Court of the State of New York · January 15, 1929 · 225 A.D. 824

URL: https://www.frixlaw.com/law-library/cases/5305198

## Case

- **Full name:** Margaret Motisi, as Administratrix, etc., of Simone Motisi v. Louis Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 15, 1929
- **Citations:** 225 A.D. 824
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5305198

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5305198. Public record. Not legal advice.