Legal Opinion
Bacon v. Celeste
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 1968PublishedCited by 10 opinions
1Opinion of the CourtEager, J.
The defendant appeals from a judgment entered upon a jury verdict for plaintiff in a personal injury action. The plaintiff, a pedestrian, was struck by defendant’s automobile at a street intersection. We conclude that the charge of the court on the question of contributory negligence, in response to the request of the jury for further instructions, was so unclear as to preclude a proper consideration of the issue by the jury.
■ A crucial issue in the case was whether or not plaintiff had exercised proper care in crossing the street, including her observations, if any, as to traffic. During its…
2Cases cited5 opinions
- Fitzpatrick v. International Railway Co.New York Court of Appeals · 1929
- McKay v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1913
- Klein v. Herlim Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1945
- Klein v. Herlim Realty Corp.New York Supreme Court · 1945
- Jean v. Algonquin Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1939
3Cited by10 opinions
- In re Harry M.Appellate Division of the Supreme Court of the State of New York · 1983
- Smith v. Midwood Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2001
- Hickman v. Fraternal Order of Eagles, Boise 115Idaho Supreme Court · 1988
- Bankhaus Hermann Lampe KG v. Mercantile-Safe Deposit & Trust Co.District Court, S.D. New York · 1979
- Carefree Building Products, Inc. v. BelinaAppellate Division of the Supreme Court of the State of New York · 1991
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