Legal Opinion
Carey v. Rodden
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1971PublishedCited by 4 opinions
1Opinion of the CourtSimons, J.
This is an appeal from a judgment of the Supreme Court entered in Ulster County upon a verdict in favor of respondents after trial.
The only error assigned is the failure of the trial court to charge the doctrine of last clear chance as requested by appellant.
The accident happened on Route 9-W in the Village of Port Ewen at about 2:30 p.m. when appellant’s intestate, an 11-year-old boy, was riding a bicycle south on the shoulder of the road with two friends. At the same time an automobile owned by respondent Marshall J. Rodden and operated by respondent Cleo Rodden was traveling south in a…
2Cases cited3 opinions
- Panarese v. Union Railway Co.New York Court of Appeals · 1933
- Chadwick v. City of New YorkNew York Court of Appeals · 1950
- Kumkumian v. City of New YorkNew York Court of Appeals · 1953
3Cited by4 opinions
- Schlimmeyer v. YurkiwAppellate Division of the Supreme Court of the State of New York · 1975
- McDaniel v. Clarkstown Central School District No. 1Appellate Division of the Supreme Court of the State of New York · 1985
- Finn v. New York State Department of Mental HygieneAppellate Division of the Supreme Court of the State of New York · 1975
- Lloyd-Taylor v. Northern Westchester Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1979