Daley v. City 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
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.