Legal Opinion

Schillaci v. Fountaine

New York Supreme Court

Decided October 22, 1937PublishedCited by 4 opinions

1Opinion of the CourtBergan, J.

On the 22d day of April, 1937, plaintiff’s intestate and another man were killed by a car owned by the defendant Hart and operated by defendant Fountaine. The testimony indicates culpable negligence. Had any care whatever been exercised by Fountaine, the accident, and the consequent death of these two men, would have been avoided. At the trial a verdict of $17,000 has been returned against Fountaine. He apparently has no employment, no property from which any part of this judgment may be satisfied.

The defendant Hart has succeeded in avoiding any responsibility for the death of plaintiff’s…

2Cited by4 opinions

  1. People v. Smith, New York County Courts1956
  2. People v. GreenfieldNew York Supreme Court · 1963
  3. People v. JohnsonCriminal Court of the City of New York · 1972
  4. People v. LawrenceCriminal Court of the City of New York · 1979

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