Legal Opinion

Kwiatkowski v. John Lowry, Inc.

New York Court of Appeals

Decided November 23, 1937PublishedCited by 15 opinions

1Opinion of the Court

Crane, Ch. J.

This is an action brought to recover damages arising out of the alleged negligence of the defendant causing the death of one Stanislaus Kwiatkowski. The case has been tried three times. The first trial resulted in a disagreement. On the second trial a judgment for the plaintiff was reversed by the Appellate Division on the ground that the verdict of the jury was against the weight of evidence. That court, however, held that the statements of the injured man shortly after the accident against his own interest were properly excluded. (See this opinion as reported 248 App. Div.…

2Cases cited19 opinions

  1. Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
  2. Quin v. . MooreNew York Court of Appeals · 1857
  3. Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
  4. McKay v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1913
  5. Eldridge v. BartonMassachusetts Supreme Judicial Court · 1919

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3Cited by15 opinions

  1. Holmes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
  2. Stutz v. Guardian Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1947
  3. Virginia Electric & Power Co. v. DecaturSupreme Court of Virginia · 1939
  4. Standard Accident Insurance v. NewmanNew York Supreme Court · 1944
  5. Fontheim v. Third Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1939

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