Legal Opinion

Myers v. Town of Harrison

Court of Appeals for the Second Circuit

Decided February 16, 1971No. Nos. 101, 102, Dockets 34569, 34595PublishedCited by 15 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment in favor of plaintiff after a trial before Judge Motley in the United States District Court for the Southern District of New York and a jury in an automobile negligence case which resulted in the death of the appellee’s husband. The jury awarded damages in the amount of $481,250. The plaintiff has cross-appealed on the question of the proper rate of interest to be applied to the damage award. We find no error on the issue of liability. We find error in the charge on damages and reverse and remand for new trial on damages only.

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2Cases cited19 opinions

  1. Lavender v. KurnSupreme Court of the United States · 1946
  2. Savino Dagnello v. Long Island Rail Road CompanyCourt of Appeals for the Second Circuit · 1961
  3. John R. McWeeney v. New York, New Haven and Hartford Railroad CompanyCourt of Appeals for the Second Circuit · 1960
  4. Berner v. British Commonwealth Pacific Airlines, Ltd.Court of Appeals for the Second Circuit · 1965
  5. Meehan v. Central Railroad Company of New JerseyDistrict Court, S.D. New York · 1960

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3Cited by15 opinions

  1. Travis v. City of MesquiteTexas Supreme Court · 1992
  2. Haynes v. Hamilton CountyTennessee Supreme Court · 1994
  3. Tetro v. Town of StratfordSupreme Court of Connecticut · 1983
  4. Biscoe v. Arlington CountyCourt of Appeals for the D.C. Circuit · 1984
  5. Oberkramer v. City of EllisvilleMissouri Court of Appeals · 1983

10 more not listed; retrieve them via the Exa API.

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