Naumann v. Lehman

Appellate Division of the Supreme Court of New York

Naumann v. Lehman

1 A.D.2d 820, 149 N.Y.S.2d 282, 1956 N.Y. App. Div. LEXIS 6230

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

DecidedFebruary 24, 1956

StatusPublished

Cited by1 cases

This text of 1 A.D.2d 820 (Naumann v. Lehman) 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

Naumann v. Lehman, 1 A.D.2d 820, 149 N.Y.S.2d 282, 1956 N.Y. App. Div. LEXIS 6230 (N.Y. Ct. App. 1956).

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Opinion

— Judgment unanimously reversed, with costs, the complaint dismissed and judgment is directed to be entered in favor of defendants dismissing the complaint herein, with costs. The infant plaintiff's contributory negligence was concurrent with any negligence of defendants and continued up to the time of the accident. There was no inextricable peril in which the infant plaintiff was involved. He could have released himself at will from the danger he created and [821]*821continued. The doctrine of the last clear chance, on which plaintiff relies to sustain the judgment, is inapplicable to the facts of this case. Concur — Peck, P. J., Breitel, Botein, Babin and Frank, JJ.

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— Judgment unanimously reversed, with costs, the complaint dismissed and judgment is directed to be entered in favor of defendants dismissing the complaint herein, with costs. The infant plaintiff's contributory negligence was concurrent with any negligence of defendants and continued up to the time of the accident. There was no inextricable peril in which the infant plaintiff was involved. He could have released himself at will from the danger he created and [821]*821continued. The doctrine of the last clear chance, on which plaintiff relies to sustain the judgment, is inapplicable to the facts of this case. Concur — Peck, P. J., Breitel, Botein, Babin and Frank, JJ.

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Bluebook (online)

1 A.D.2d 820, 149 N.Y.S.2d 282, 1956 N.Y. App. Div. LEXIS 6230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naumann-v-lehman-nyappdiv-1956.

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