New York Court of Appeals, 1928

Clarkson v. Smith

New York Court of Appeals · Decided February 14, 1928

161 N.E. 184; 247 N.Y. 564; 1928 N.Y. LEXIS 1156 (North Eastern Reporter)

Opinion of the Court

*565 Order of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division, upon the ground that the question of defendant’s negligence was one of fact for the jury.

Concur: Cakdozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.

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