Poccia v. City of New York

In our opinion the verdict was excessive. Nolan, P. J., Carswell, Adel and Sneed, JJ., concur; Wenzel, J., concurs in the reversal of the judgment, but otherwise dissents and votes to dismiss the complaint, with the following memorandum: There was here no such propinquity of the negligence of the two defendants, that we may say that the negligence of the City of New York was the proximate cause of the accident. It was indeed the causa sine qua non but the negligence of the driver of the automobile which struck the boy was the causa causans of the accident. There was here no “unbroken…