Appellate Division of the Supreme Court of New York, 1935

Emery v. Good Health Dairy Products Corp.

Emery v. Good Health Dairy Products Corp.
Appellate Division of the Supreme Court of New York · Decided September 15, 1935
245 A.D. 907
Emery v. Good Health Dairy Products Corp.

Opinion of the Court

Judgment affirmed, with costs. Ail concur, except Taylor, J., who dissents and votes for reversal on the facts and a new trial in the following memorandum: The decided preponderance of the testimony is to the effect that the collision between the vehicles occurred within no more than ten feet from the spot where the truck of the defendant corporation came to a stop at the westerly curb. If this be so, the collision occurred on the westerly side of the street and under the law of the ease, as announced by the court, plaintiff should not recover. (The judgment affirms a City Court of Rochester judgment in an automobile negligence action.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.