Legal Opinion

Bergman v. Schultz

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

Decided December 13, 1948PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for personal injuries suffered by plaintiff, a pedestrian, when he came in contact with an automobile owned by defendant Schultz and operated by defendant Gray, the verdict was in defendants’ favor. Plaintiff appeals from the judgment entered thereon. Judgment reversed on the law, and a new trial granted, with costs to appellant to abide the event. Findings of fact implicit in the verdict are affirmed. It was error for the court to charge that, if a pedestrian crosses against a traffic light, that is contributory negligence as a matter of law. (Fitzgerald v.…

2Cases cited5 opinions

  1. Gangi v. . FradusNew York Court of Appeals · 1920
  2. Wells v. . HigginsNew York Court of Appeals · 1892
  3. Fitzgerald v. LadabouchAppellate Division of the Supreme Court of the State of New York · 1937
  4. Roles v. John A. Schwarz, Inc.Appellate Division of the Supreme Court of the State of New York · 1935
  5. Fitzgerald v. LadabouchNew York Court of Appeals · 1938

3Cited by3 opinions

  1. Masterson v. SolomonAppellate Division of the Supreme Court of the State of New York · 1949
  2. Springer v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1959
  3. Woodson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1960

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