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

Appellate Division of the Supreme Court of the State of New York·Decided January 29, 1940·Published

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.

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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.

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).

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258 A.D. 987 (Daley v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.