Appellate Division of the Supreme Court of New York, 1942

Smarsch v. Bayonne-Staten Island Ferries, Inc.

Smarsch v. Bayonne-Staten Island Ferries, Inc.
Appellate Division of the Supreme Court of New York · Decided January 26, 1942
263 A.D. 901; 32 N.Y.S.2d 564; 1942 N.Y. App. Div. LEXIS 7284
Smarsch v. Bayonne-Staten Island Ferries, Inc.

Opinion of the Court

Order of the Appellate Term reversing a judgment of the City Court of the City of New York, County of Richmond, entered on a verdict in favor of plaintiff, and dismissing the complaint, reversed on the law, the judgment entered thereon vacated, and the original judgment of the City Court affirmed, with costs in this court and in the Appellate Term. The issues of negligence and contributory negligence were properly submitted to the jury, and the verdict is amply sustained by the evidence. The case of Robinson v. Piskosh, Inc. (259 App. Div. 544) is readily distinguishable. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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