Legal Opinion · Dissent
Warren v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 1927Published
1DissentDavis, J.
In this case the triers of the fact have found that the claimant was free from contributory negligence, although the driver of the automobile was negligent; and the State was .free from negligence. The vote was two to one against defendant’s liability. On the same ratio a jury would have divided eight to four and there would have been no verdict. It is difficult to conceive that a jury would have rendered any verdict except for plaintiff on this state of facts.
As I understand the statute (Highway Law, § 176, as amd. by Laws of 1922, chap. 371), supplemented by the Enabling Act (Laws of 1924,…
2Cases cited13 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Congreve v. . SmithNew York Court of Appeals · 1858
- Sweet v. . PerkinsNew York Court of Appeals · 1909
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Robinson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
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