Legal Opinion

Wragge v. Lizza Asphalt Construction Co.

New York Court of Appeals

Decided May 5, 1966PublishedCited by 41 opinions

1Opinion of the CourtKeating, J.

These two wrongful death actions, heard together, arise from an automobile accident on Route 106 in Oyster Bay in which plaintiffs’ respective intestates were killed. At about 9:30 p.m. on January 19, 1960, Frederick J. Herholdt (18 years old) was driving a 1949 automobile in a southerly direction and was accompanied by Susan Marmorale (16 years old). While negotiating a curve to the left, the auto left the road and collided with a ultility pole located off the right side (westerly side) of the road and both occupants were killed. There were no known witnesses to the accident.

Approaching the…

2Cases cited5 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
  3. Dillon v. Rockaway Beach Hospital & DispensaryNew York Court of Appeals · 1940
  4. Cole v. SwaglerNew York Court of Appeals · 1955
  5. Swensson v. New York, Albany Despatch Co.New York Court of Appeals · 1956

3Cited by41 opinions

  1. Burgos v. Aqueduct Realty Corp.New York Court of Appeals · 1998
  2. Gayle v. City of New YorkNew York Court of Appeals · 1998
  3. Humphrey v. StateNew York Court of Appeals · 1983
  4. Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  5. Koester v. StateAppellate Division of the Supreme Court of the State of New York · 1982

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