Legal Opinion
Walther v. News Syndicate Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 1949Published
1Opinion of the CourtCallahan, J.
The plaintiff has recovered substantial damages on the verdict of a jury in this action for (1) wrongful death, and (2) conscious pain and suffering of the plaintiff’s intestate. On January 1, 1946, while crossing First Avenue at 86th Street, in the city of New York, the deceased was struck by a newspaper delivery truck of the defendant News Syndicate Co., Inc., and operated by the defendant Seelig at the time of the accident.
On the trial the issue of negligence was sharply contested. The proof was conflicting as to the speed of the truck and the condition of the traffic lights.
The defendant…
2Cases cited38 opinions
- Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
- In Re the Estate of RechtschaffenNew York Court of Appeals · 1938
- Morrissey v. PowellMassachusetts Supreme Judicial Court · 1939
- Page v. PhelpsSupreme Court of Connecticut · 1928
- Cherubino v. MeenanNew York Court of Appeals · 1930
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