Legal Opinion

Massey v. Matza

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

Decided June 21, 1960PublishedCited by 1 opinion

1Opinion of the CourtMcNally, J.

In an action to recover damages for personal injuries and loss of services of the plaintiff wife, defendant appeals from a judgment in favor of the plaintiffs after a non-jury trial. The contributory negligence of plaintiff wife precludes a recovery herein.

The automobile operated by plaintiff wife on April 9, 1957, at or about 1:15 a.m., on Park Avenue between 114th and 115th Streets in the Borough of Manhattan, City of New York, collided with the rear of the parked truck of the defendant. At the site of the occurrence Park Avenue is divided by an elevated railroad right of way. The easterly…

2Cases cited13 opinions

  1. Knapp v. . BarrettNew York Court of Appeals · 1915
  2. Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
  3. Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
  4. Piper v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
  5. Bernardine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944

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3Cited by1 opinion

  1. Di Napoli v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1976

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