Legal Opinion

Peare v. Griggs

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1959Published

1Opinion of the CourtMcNally, J.

In an action grounded on the Virginia death statute, defendants appeal from a judgment in the sum of $25,570 in favor of plaintiff after a jury trial.

The only issue which we consider on this appeal is whether plaintiff is estopped from maintaining this action by virtue of a- prior judgment rendered by the Circuit Court of Mecklenburg County, State of Virginia, against her individually.

On November 30, 1952 plaintiff’s late husband was killed as the result of a collision between the motor vehicle he was operating and a tractor-trailer owned by defendants and operated by their employee. The…

2Cases cited12 opinions

  1. Ashton v. . City of RochesterNew York Court of Appeals · 1892
  2. Castle v. . NoyesNew York Court of Appeals · 1856
  3. Fish v. . VanderlipNew York Court of Appeals · 1916
  4. State v. HaneySupreme Court of Missouri · 1955
  5. Parsons v. SpencerCourt of Appeals of Kentucky · 1885

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