Brillinger v. Ozias
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Blake Ozias, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 29th day of June, 1918, upon the verdict of a jury for $1,200, and also from an order entered in said clerk’s office on the 6th day of July, 1918, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Blake Ozias, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 29th day of June, 1918, upon the verdict of a jury for $1,200, and also from an order entered in said clerk’s office on the 6th day of July, 1918, denying defendant’s motion for a new trial made upon the minutes. The collision was on October 28, 1917, about three-thirty p. m., at the intersection of the Glen Cove-Jericho road, approximately running north and south, and the North Hempstead turnpike, running east and west. The…
1Opinion of the Court
Putnam, J.:
This collision came under the provisions of the General Highway Traffic Law (Consol. Laws, chap. 70), being Laws of 1917, chapter 655, in effect May 25, 1917, which enacted a crossing rule with a right of way, where previously vehicles at right-angled crossings were considered as having equal rights, as before each was required merely to take reasonable care to avoid injury to the other. (Huddy Laws of Automobiles' [4th ed. 1916], § 127.)
This statute has effectually removed the prior uncertainty as to which vehicle should give way or stop at such crossings. Except where traffic…
2Cited by4 opinions
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- Shuman v. HallAppellate Division of the Supreme Court of the State of New York · 1926
- McCrossen v. MoorheadAppellate Division of the Supreme Court of the State of New York · 1923
- Sanzo v. ToklasAppellate Division of the Supreme Court of the State of New York · 1960