Opinion · Nylaw New York

BROWN v. FREDERICK LOESER CO., INC., 244 App. Div. 819 (1935)

244 App. Div. 819

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1935-01-01
Topic: general

BROWN v. FREDERICK LOESER CO., INC., 244 App. Div. 819 (1935) CYRIL J. BROWN, Respondent, v. FREDERICK LOESER Co., INC., Appellant.Appellate Division of the Supreme Court of New York, Second Department.

Citator

UpLaw has not yet analyzed BROWN v. FREDERICK LOESER CO., INC., 244 App. Div. 819 (1935). The absence of a flag is not a finding that it is good law.

BROWN v. FREDERICK LOESER CO., INC.,244 App. Div. 819(1935)

CYRIL J. BROWN, Respondent, v. FREDERICK LOESER Co., INC., Appellant.

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

May, 1935.

Action for personal injuries and property damage resulting from a head-on collision between an automobile, owned and operated by plaintiff, and defendant's truck. The evidence presented a sharp issue of fact as to which vehicle was on the wrong side of the road. Plaintiff obtained judgment. The court's questions to defendant's helper, at folios 435 and 436, and the court's characterization of thePage 820witness' acts, at folios 669 and 670, were improper and prejudicial. In the interest of substantial justice the judgment is reversed on the law and a new trial granted, with costs to appellant to abide the event. Lazansky, P.J., Hagarty, Tompkins, Davis and Johnston, JJ., concur.