Legal Opinion · Dissent

Morin v. Star Plumbing Co.

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

Decided June 15, 1933Published

1DissentO’Malley, J.

The plaintiff wife has recovered judgment for personal injuries predicated upon the negligence of the defendants, and, of course, her own freedom from contributory negligence. The plaintiff husband’s judgment is based upon loss of services. We are of opinion that the judgment may not stand for the reason that plaintiffs failed to show that plaintiff wife was free from contributory negligence. On the day of the accident she had applied for and secured the position as housekeeper in a rooming house on the north side of West Twenty-eighth street between Eighth and Ninth avenues in the city of…

2Cases cited2 opinions

  1. Baker v. . CloseNew York Court of Appeals · 1912
  2. Porter v. New York City Interborough Railway Co.Appellate Division of the Supreme Court of the State of New York · 1932

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