Legal Opinion

Kosiba v. City of Syracuse

New York Court of Appeals

Decided January 15, 1942PublishedCited by 11 opinions

1Opinion of the CourtLoughran, J.

On December 6, 1938, plaintiff while crossing Erie Boulevard West in the city of Syracuse was struck by an automobile owned by the city and operated by one of its police officers — Luebberman — who then and there was acting in the discharge of his duties and within the scope of his employment. Judgment for damages so suffered by the plaintiff was entered in his favor on the verdict of a jury against the city and Luebberman. The Appellate Division reversed this judgment and dismissed the complaint upon questions which the plaintiff now brings to this court for review.

At the time here in issue…

2Cases cited4 opinions

  1. The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
  2. Garrett v. City of SchenectadyNew York Court of Appeals · 1935
  3. Kosiba v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1940
  4. McCammon v. . KaiserNew York Court of Appeals · 1916

3Cited by11 opinions

  1. Sandak v. Tuxedo Union School District No. 3New York Court of Appeals · 1954
  2. Bernardine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
  3. Desmarais v. Wachusett Regional School DistrictMassachusetts Supreme Judicial Court · 1971
  4. O'Hara v. Sears Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1955
  5. Cherney v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1969

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