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Appellate Division of the Supreme Court of New York, 1944

Smith v. Moskowitz

Smith v. Moskowitz
Appellate Division of the Supreme Court of New York · Decided February 25, 1944
267 A.D. 422; 46 N.Y.S.2d 449; 1944 N.Y. App. Div. LEXIS 4742

Counsel

J. O. Denniston of counsel (E. C. Sherwood, attorney), for appellant., Joseph B. Wortmcm for respondents.

Smith v. Moskowitz

Opinion of the Court

Per Curiam.

The doctrine of “ the last clear chance ” does not apply to the facts to which the plaintiffs testified (Woloszynowski v. N. Y. C. R. R. Co., 254 N. Y. 206) and it was, therefore, error to submit that question to the jury.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Martin, P. J., Townley, Glennon, TJntermyeb and Does, JJ., concur.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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