Daley v. City of New York

Appellate Division of the Supreme Court of New York

Daley v. City of New York

258 A.D. 987, 17 N.Y.S.2d 1014, 1940 N.Y. App. Div. LEXIS 8563

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

DecidedJanuary 29, 1940

StatusPublished

This text of 258 A.D. 987 (Daley v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daley v. City of New York, 258 A.D. 987, 17 N.Y.S.2d 1014, 1940 N.Y. App. Div. LEXIS 8563 (N.Y. Ct. App. 1940).

Pincite

Opinion

Defendant appeals from a judgment awarding damages for the death of plaintiff’s intestate, as the result of being struck by a truck owned and operated by the defendant. Judgment reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. The verdict is against the weight of the evidence. Furthermore it was error to charge the doctrine of “ the last clear chance,” which was not applicable. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Defendant appeals from a judgment awarding damages for the death of plaintiff’s intestate, as the result of being struck by a truck owned and operated by the defendant. Judgment reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. The verdict is against the weight of the evidence. Furthermore it was error to charge the doctrine of “ the last clear chance,” which was not applicable. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

258 A.D. 987, 17 N.Y.S.2d 1014, 1940 N.Y. App. Div. LEXIS 8563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daley-v-city-of-new-york-nyappdiv-1940.