Legal Opinion
Wartels v. County Asphalt, Inc.
New York Court of Appeals
Decided January 12, 1972PublishedCited by 45 opinions
1Opinion of the CourtGibson, J.
The Trial Judge set aside the plaintiff’s verdict in this negligence action and dismissed the complaint, on the ground that freedom from contributory negligence had not been demonstrated, even upon application of the rule of Noseworthy v. City of New York (298 N. Y. 76), as extended to amnesia cases by our decision in Schechter v. Klanfer (28 N Y 2d 228). The Appellate Division affirmed, two Justices dissenting. Negligence on defendants’ part was clearly shown, and that, indeed, in excessive degree. The narrow issue, then, is whether — absent any credible testimony as to the manner of the…
2Cases cited6 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Tedla v. EllmanNew York Court of Appeals · 1939
- Meyer v. WhisnantNew York Court of Appeals · 1954
- Schuvart v. WernerNew York Court of Appeals · 1943
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Mochen v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Lopez v. Precision Papers, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
40 more not listed; retrieve them via the Exa API.