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Mosher v. Lamora

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1935
245 App. Div. 903 (N.Y. App. Div. 1935)

Opinion

September, 1935.

Present — Hill, P.J., Rhodes, McNamee, Crapser and Bliss, JJ.


Appeal from a judgment of nonsuit on the merits at the end of plaintiff's case. Children were playing on the westerly sidewalk near a four-corner intersection. The truck was going south. The evidence shows the little girl who was killed in the accident did not leave the sidewalk but the truck was so close to the curb that she was caught and partly thrown under the truck and killed. Her feet were still on the curb. Plaintiff was entitled to the most favorable view of the evidence and decedent's negligence was a question for the jury and the burden was upon the defendant to show that decedent was negligent. Judgment is reversed upon the law and a new trial granted, with costs to the appellant to abide the event.


Summaries of

Mosher v. Lamora

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1935
245 App. Div. 903 (N.Y. App. Div. 1935)
Case details for

Mosher v. Lamora

Case Details

Full title:ERNEST MOSHER, as Administrator, etc., of LUELLA MOSHER, Deceased…

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

Date published: Sep 1, 1935

Citations

245 App. Div. 903 (N.Y. App. Div. 1935)

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