Appellate Division of the Supreme Court of New York, 1937

Hersch v. South Brooklyn Railway Co.

Hersch v. South Brooklyn Railway Co.
Appellate Division of the Supreme Court of New York · Decided April 26, 1937
250 A.D. 870; 297 N.Y.S. 153; 1937 N.Y. App. Div. LEXIS 9494
Hersch v. South Brooklyn Railway Co.

Opinion of the Court

Appeal from judgment dismissing the complaint at the close of the plaintiffs’ case in an action brought to recover damages for personal injuries sustained by plaintiffs, resulting from a collision between an automobile and defendant’s trolley ear. Judgment reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. We are of the opinion that plaintiffs made out a prima facie case requiring submission to a jury. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.

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