Home/New York Court of Appeals/Meyer v. Whisnant

Meyer v. Whisnant

121 N.E.2d 372, 307 N.Y. 369
CourtNew York Court of Appeals
DecidedJuly 14, 1954
StatusPublished
Cited by24 cases

This text of 121 N.E.2d 372 (Meyer v. Whisnant) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyer v. Whisnant, 121 N.E.2d 372, 307 N.Y. 369 (N.Y. 1954).

Opinions

Desmond, J.

The dismissal of the complaints as against defendant-respondent Whisnant should be affirmed. The sudden, unanticipated and unexplained dash of the Bien car, across the highway and into Whisnant’s path, made him the helpless victim of what was, beyond any dispute, an emergency with the creation of which Whisnant had nothing to do. Such violations as Whisnant may have been guilty of were no proof of negligent causation by him, since there was no possible logical connection between any of them, and the accident (see Brown v. Shyne, 242 N. Y. 176, 180; Tedla v. Ellman, 280 N. Y. 124; Hagadorn v. Socony-Vacuum Oil Co., 298 N. Y. 882; Goldblatt v. Tabacco, 299 N. Y. 663; Restatement, Torts, § 286).

The judgment should be affirmed, with costs.

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

Related

Mangano v. New York City Housing Authority
218 A.D.2d 787 (Appellate Division of the Supreme Court of New York, 1995)
Gouchie v. Gill
198 A.D.2d 862 (Appellate Division of the Supreme Court of New York, 1993)
Lackner v. Roth
166 A.D.2d 686 (Appellate Division of the Supreme Court of New York, 1990)
Tenenbaum v. Martin
131 A.D.2d 660 (Appellate Division of the Supreme Court of New York, 1987)
Haber v. County of Nassau
418 F. Supp. 1120 (E.D. New York, 1976)
Rocco v. Dickstein
49 A.D.2d 649 (Appellate Division of the Supreme Court of New York, 1975)
Wartels v. County Asphalt, Inc.
278 N.E.2d 627 (New York Court of Appeals, 1972)
Nieves v. Manhattan & Bronx Surface Transit Operating Authority
31 A.D.2d 359 (Appellate Division of the Supreme Court of New York, 1969)
Palmer v. Palmer
31 A.D.2d 876 (Appellate Division of the Supreme Court of New York, 1969)
Whitely v. Lobue
59 Misc. 2d 755 (New York Supreme Court, 1967)
Bobbe v. Camato
26 A.D.2d 627 (Appellate Division of the Supreme Court of New York, 1966)
Breckir v. Lewis
21 A.D.2d 546 (Appellate Division of the Supreme Court of New York, 1964)
Livant v. Adams
17 A.D.2d 784 (Appellate Division of the Supreme Court of New York, 1962)
Allenson v. Furman
16 A.D.2d 629 (Appellate Division of the Supreme Court of New York, 1962)
Wolfson v. Darnell
15 A.D.2d 516 (Appellate Division of the Supreme Court of New York, 1961)
Pierri v. City of New York
31 Misc. 2d 96 (New York Supreme Court, 1961)
Polley v. Polley
11 A.D.2d 121 (Appellate Division of the Supreme Court of New York, 1960)
Schmalz v. Abarno
10 A.D.2d 1007 (Appellate Division of the Supreme Court of New York, 1960)
De Carlo v. Falco
168 N.E.2d 132 (New York Court of Appeals, 1960)
Gooch v. Shapiro
7 A.D.2d 307 (Appellate Division of the Supreme Court of New York, 1959)

Cite This Page — Counsel Stack

Bluebook (online)
121 N.E.2d 372, 307 N.Y. 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-whisnant-ny-1954.