Legal Opinion

Rosenheim v. New York Railways Corp.

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

Decided April 15, 1935Published

1Opinion of the Court

Judgment reversed and a new trial ordered, with costs to the appellants to abide the event, upon the ground that the court erred in charging the jury that the alleged violations of traffic regulations and the Code of Ordinances were “acts of negligence or negligent acts.” (Knupfle v. Knickerbocker Ice Co., 84 N. Y. 488; McCarragher v. Proal, 114 App. Div. 470; Dodican v. Smith, 221 id. 383; Donnelly v. City of Rochester, 166 N. Y. 315; Hyland v. Cobb, 252 id. 325.) Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.

2Cases cited3 opinions

  1. Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
  2. Donnelly v. . City of RochesterNew York Court of Appeals · 1901
  3. McCarragher v. ProalAppellate Division of the Supreme Court of the State of New York · 1906