Legal Opinion
Wilson v. Maiello
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 1970PublishedCited by 5 opinions
1Opinion of the Court
Eager, J. P.
The defendant appeals from a judgment entered for plaintiff upon a verdict of a jury rendered in an action to recover for personal injuries sustained by a pedestrian while crossing the Henry Hudson Parkway. The injured’s contributory negligence is conceded and recovery is sought to be sustained against the motorist on the application of the last clear chance doctrine.
We conclude that the evidence did not justify a submission of the case to the jury on the last clear chance theory. Only in exceptional circumstances may such theory be presented to a jury so as to authorize a…
2Cases cited5 opinions
- Panarese v. Union Railway Co.New York Court of Appeals · 1933
- Storr v. New York Central R.R. Co.New York Court of Appeals · 1933
- Hernandez v. Brooklyn & Queens Transit Corp.New York Court of Appeals · 1940
- Snyder v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Goldman v. Lanigan Bros.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by5 opinions
- O'Connor v. G & R Packing Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Galanek v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1976
- Atlantic Bank of New York v. StramkaAppellate Division of the Supreme Court of the State of New York · 1980
- Lloyd-Taylor v. Northern Westchester Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982