Appellate Division of the Supreme Court of New York, 1938

O'Shaunecy v. County of Niagara

O'Shaunecy v. County of Niagara
Appellate Division of the Supreme Court of New York · Decided October 7, 1938
255 A.D. 827; 7 N.Y.S.2d 42; 1938 N.Y. App. Div. LEXIS 5452
O'Shaunecy v. County of Niagara

Opinion of the Court

Judgment and order reversed on the law and facts, with costs, and complaint dismissed, with costs. Memorandum: We think it was error to charge that section 125-a of the General Municipal Law had any application to this case under the undisputed facts. We hold also that, as a matter of law, on this record, there was no negligence on the part of defendant, and that decedent was guilty of contributory negligence. We find, therefore, that the judgment is erroneous in law and against the weight of the evidence. All concur. (The judgment awards damages for death of plaintiff’s *828intestate in an automobile negligence action. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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