Legal Opinion

Patrone v. M. P. Howlett, Inc.

New York Court of Appeals

Decided February 19, 1924PublishedCited by 27 opinions

1Opinion of the CourtPound, J.

The question is whether the court properly instructed the jury that the rule of comparative negligence was applicable to the action.

It is contended by the appellant that because the' action was brought in the state court, contributory negligence was a complete defense under our ruling in Groonstad v. Robins Dry Dock & Repair Co. (236 N. Y. 52).

The point is not made on its brief or on the record that the state court was without jurisdiction of this action.

The exception is “ to that portion of your honor’s charge wherein you discussed the question of the proportion of damages.”

Plaintiffs stand…

2Cases cited9 opinions

  1. Western Fuel Co. v. GarciaSupreme Court of the United States · 1921
  2. Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
  3. Lynott v. . Great Lakes Transit CorporationNew York Court of Appeals · 1922
  4. Lynott v. Great Lakes Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1922
  5. Maleeny v. . Standard Shipbuilding Corp.New York Court of Appeals · 1923

4 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Lindgren v. United StatesSupreme Court of the United States · 1930
  2. Northern Coal & Dock Co. v. StrandSupreme Court of the United States · 1928
  3. Bainbridge v. Merchants & Miners Transportation Co.Supreme Court of the United States · 1932
  4. State Ex Rel. Sullivan v. TazwellOregon Supreme Court · 1927
  5. Elliott v. SteinfeldtAppellate Division of the Supreme Court of the State of New York · 1938

22 more not listed; retrieve them via the Exa API.

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