Appellate Division of the Supreme Court of New York, 1940

Daley v. City of New York

Daley v. City of New York
Appellate Division of the Supreme Court of New York · Decided January 29, 1940
258 A.D. 987; 17 N.Y.S.2d 1014; 1940 N.Y. App. Div. LEXIS 8563
Daley v. City of New York

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.

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