Yeargans v. Yeargans
Appellate Division of the Supreme Court of the State of New York
1Per curiam
In this action for damages for personal injuries received August 12, 1961 by plaintiff, a passenger, when a car owned and operated by the defendant ran off the road and struck a tree, reversal is directed and a new trial ordered. The charge presented to the jury a theory contrary to that advanced by plaintiff in his bill of particulars and similarly advanced at the trial, in addition to the one so advanced. That was error. The verdict being a general one, it is impossible to determine upon what theory recovery was actually allowed. (Clark v. Board of Educ., of City of N. Y., 304 N. Y. 488,…
2Cases cited11 opinions
- Johnson v. LutzNew York Court of Appeals · 1930
- Williams v. AlexanderNew York Court of Appeals · 1955
- Matter of Roge v. ValentineNew York Court of Appeals · 1939
- Needle v. New York Railways Corp.Appellate Division of the Supreme Court of the State of New York · 1929
- Clark v. Board of EducationNew York Court of Appeals · 1952
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Murray v. DonlanAppellate Division of the Supreme Court of the State of New York · 1980
- Holliday v. Hudson Armored Car & Courier Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Gagliano v. VaccaroAppellate Division of the Supreme Court of the State of New York · 1983
- Westchester Medical Center v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Memenza v. ColeAppellate Division of the Supreme Court of the State of New York · 2015
15 more not listed; retrieve them via the Exa API.