Legal Opinion · Dissent

Kaskoff v. Anderson

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

Decided March 13, 1963Published

1Dissent

Reynolds, J. (dissenting).

We are unable to concur with the majority of the court, our opinion being that the doctrine of last clear chance does not apply and the charging of the doctrine on the facts in this case constituted reversible error.

It is said that the Judges in the celebrated English case of Davies v. Mann [1842] (10 Mees. & Wels. 546, 152 Eng. Reprint. 588, 19 Eng. Rul. Cas. 190) innocently enunciated the doctrine of “ last clear chance ” (though not by name) when they held that the negligence of the plaintiff in leaving his donkey on the highway so fettered as to prevent it from…

2Cases cited14 opinions

Panarese v. Union Railway Co.New York Court of Appeals · 1933
Chadwick v. City of New YorkNew York Court of Appeals · 1950
Bragg v. Central New England Railway Co.New York Court of Appeals · 1920
Storr v. New York Central R.R. Co.New York Court of Appeals · 1933
Wright v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1928

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