Legal Opinion
Van v. Clayburn
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 1964PublishedCited by 6 opinions
1Opinion of the CourtWitmer, J.
In this negligence action the court tried the issue of liability only, and the jury rendered a verdict for the defendants. The facts presented on the trial fully justify the verdict ; and it may well be doubted that the plaintiffs can succeed upon a new trial. Nevertheless, the errors committed by the court in its charge are so prejudicial to the plaintiffs-appellants, and go so directly to the heart of a vital issue which they had the burden to prove, that a new trial must be granted.
The infant plaintiff, Myra Van, was six and one-half years old at the time of the accident. At mid-day on…
2Cases cited4 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Stein v. PalisiNew York Court of Appeals · 1955
- Locklin v. FisherAppellate Division of the Supreme Court of the State of New York · 1942
- Devoy v. Irish World & American Industrial Liberator Co.Appellate Division of the Supreme Court of the State of New York · 1924
3Cited by6 opinions
- DiGrazia v. CastronovaAppellate Division of the Supreme Court of the State of New York · 1975
- Calkins v. AlbiSupreme Court of Colorado · 1967
- Titlebaum v. Loblaws, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Poczkalski v. CartwrightAppellate Division of the Supreme Court of the State of New York · 1978
- Barraza v. 55 West 47th Street Co.Appellate Division of the Supreme Court of the State of New York · 1988
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