Legal Opinion
Kumkumian v. City of New York
New York Court of Appeals
Decided April 9, 1953PublishedCited by 25 opinions
1Opinion of the CourtFroessel, J.
Plaintiff brought this action to recover for the alleged wrongful death of her husband, who was struck in a tunnel by a subway train operated by defendant, the City of New York. The case was submitted to the jury on the theory of ordinary negligence as well as under the doctrine of last clear chance, with instructions to indicate upon which theory a verdict for plaintiff, if found, was based. The jury returned a verdict for plaintiff on the theory of last clear chance.
The trial court, by two separate orders, (1) granted defendant’s motion to set aside the verdict and for a new trial, and (2)…
2Cases cited12 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
- Panarese v. Union Railway Co.New York Court of Appeals · 1933
- Chadwick v. City of New YorkNew York Court of Appeals · 1950
- Bragg v. Central New England Railway Co.New York Court of Appeals · 1920
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Lucero Ex Rel. Lucero v. TorresNew Mexico Supreme Court · 1960
- Dominguez v. Manhattan & Bronx Surface Transit Operating AuthorityNew York Court of Appeals · 1979
- Lynne Stockberger, Both Personally and as the Representative of Maurice Stockberger, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 2003
- Sawyer v. United StatesDistrict Court, E.D. New York · 1969
- O'Connor v. G & R Packing Co.Appellate Division of the Supreme Court of the State of New York · 1980
20 more not listed; retrieve them via the Exa API.