Opinion

Viscardo v. Galloway

  • 227 A.D. 672
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jul 15, 1929
Status
Published
Cited by
0 cases
Authority
More cited than 24.4%

The opinion

Judgment reversed upon the law, and a new trial granted, costs to abide the event. In our opinion, the granting of a nonsuit was erroneous. The case of Martin v. Herzog ( 228 N. Y. 164 ) is distinguishable from the case at bar. The only question determined in that ease was that.a charge that the absence of light upon a vehicle was only some evidence of negligence and a refusal to charge that such absence of lights was “ prima facie evidence of negligence ” was error. The Court of Appeals did not determine that the absence of lights, in violation of the statute, was under all circumstances negligence as a matter of law. The question as to whether the absence of light on plaintiff’s bicycle was a proximate cause of the injury, in view of the circumstances disclosed by the evidence, was a question for the jury. Lazansky, P. J., Young, Hagarty, Seeger and Cars-well, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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