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Smith v. Morelli

Appellate Division of the Supreme Court of New York, Third Department
Dec 29, 1948
274 App. Div. 1020 (N.Y. App. Div. 1948)

Opinion

December 29, 1948.

Appeal from Supreme Court, County of Broome.


The accident occurred in the evening. There was evidence from which the jury might have found that the defendant was proceeding at a high rate of speed and without lights, which was sufficient to justify the conclusion that the defendant was negligent. Although the plaintiff was required by statute to yield the right of way to the defendant, neither his failure to do so nor his failure to see the approaching car can be held to constitute contributory negligence as a matter of law, under the circumstances disclosed by the record in this case. We find no judicial error in the admission of evidence or in the rulings of the court. Judgment affirmed, with costs. Hill, P.J., Heffernan, Brewster, Russell and Deyo, JJ., concur.


Summaries of

Smith v. Morelli

Appellate Division of the Supreme Court of New York, Third Department
Dec 29, 1948
274 App. Div. 1020 (N.Y. App. Div. 1948)
Case details for

Smith v. Morelli

Case Details

Full title:BERT B. SMITH, Respondent, v. JOSEPH C. MORELLI, Appellant

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

Date published: Dec 29, 1948

Citations

274 App. Div. 1020 (N.Y. App. Div. 1948)

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