Legal Opinion

Howe v. Johnston

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

Decided March 9, 1927PublishedCited by 13 opinions

1Opinion of the CourtSawyer, J.

The complaint in this action alleges that the automobile of the plaintiff (now deceased) was injured in a collision, through the negligence of the defendant, his agents and servants, and not by reason of any negligence on the part of the plaintiff. This is denied by the answer which also affirmatively alleges that the accident was due to negligence of the original plaintiff and sets up a counterclaim based thereon. The decision of the issues of negligence in favor of plaintiff seem to be fully warranted by the evidence and the only real question presented for review relates to the measure of…

2Cases cited4 opinions

  1. Mendleson v. RensselaerAppellate Division of the Supreme Court of the State of New York · 1907
  2. Schalscha v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1897
  3. Treman v. StateNew York Court of Claims · 1923
  4. Patane v. StateNew York Court of Claims · 1921

3Cited by13 opinions

  1. Nelson v. Times Square Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Parilli v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1932
  3. Parkoff v. StavskyAppellate Division of the Supreme Court of the State of New York · 2013
  4. Torres Rodríguez v. GonzálezSupreme Court of Puerto Rico · 1948
  5. Rosenfield v. ChoberkaNew York Supreme Court · 1988

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