Appellate Division of the Supreme Court of New York, 1946

Mccaffry v. City of New York

Mccaffry v. City of New York
Appellate Division of the Supreme Court of New York · Decided November 18, 1946
271 A.D.2d 837
Mccaffry v. City of New York

Opinion of the Court

Action to recover damages for personal injuries claimed to have been suffered as a consequence of the defendant’s negligence in respect of the operation of a trolley car while plaintiffs were attempting to cross the intersection of Rogers Avenue and Beverly Road in Brooklyn. Judgment for plaintiffs reversed on the facts and a new trial granted, with costs to abide the event. The verdict for plaintiffs was against the weight of evidence on the issues of defendant’s negligence and plaintiffs’ freedom from contributory negligence. Lewis, P. J., Hagarty, Carswell, Aldrich and Nolan, JJ., concur.

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