Legal Opinion

De Vito v. Knettel

Long Beach City Court

Decided November 21, 1960PublishedCited by 1 opinion

1Opinion of the CourtAbraham Schlissel, J.

In this consolidated action arising out of a two-car collision each driver sought a recovery for personal injuries alleged to have been caused by the negligence of the other.. The court accordingly instructed the jury that neither litigant could recover against the other unless he satisfied at least five of the six jurors that the other driver was negligent and that he was free from contributory negligence.

In addition the jury was specifically charged that neither driver was entitled to a verdict in the event that both were found to have been negligent; they were also told that neither could…

2Cases cited5 opinions

  1. Hodgkins v. . MeadNew York Court of Appeals · 1890
  2. Leonard v. Home Owners' Loan Corp.New York Court of Appeals · 1947
  3. Savko v. Brooklyn & Queens Transit Corp.City of New York Municipal Court · 1937
  4. Conrey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  5. Swift v. Fairyland Park, Inc.Appellate Terms of the Supreme Court of New York · 1956

3Cited by1 opinion

  1. Micaric v. MannNew York Supreme Court · 1984

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