Legal Opinion

Rapant v. Ogsbury

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 1952PublishedCited by 34 opinions

1Opinion of the CourtBebgan, J.

In a curve-in-the-road collision occurring on a slippery winter’s day and resulting in reciprocal claims the jury has found no cause of action all around. One of the parties appeals and urges upon us the adoption of his contention that as to him, at least, the verdict is against the weight of the evidence.

This kind of a case will serve rather well to illustrate how delicate that question is and how, in common with several other areas of law governed by judgment and discretion, there is no objective standard to apply.

*299Whatever the variation of the language in which it is expressed, decision…

2Cases cited8 opinions

  1. Culver v. AveryNew York Supreme Court · 1831
  2. Jarchover v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  3. Suhrada v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  4. Hospital Supply Co. v. O'NeillNew York Court of Common Pleas · 1895
  5. Franklin Coal Co. v. HicksAppellate Division of the Supreme Court of the State of New York · 1899

3 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Lincoln v. AusticAppellate Division of the Supreme Court of the State of New York · 1978
  2. Halvorsen v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Rowe v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1986
  4. Blunt v. ZinniAppellate Division of the Supreme Court of the State of New York · 1969
  5. Lee v. LesniakAppellate Division of the Supreme Court of the State of New York · 1972

29 more not listed; retrieve them via the Exa API.

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