Legal Opinion
Raimondo v. Harding
Appellate Division of the Supreme Court of the State of New York
Decided February 23, 1973PublishedCited by 2 opinions
1Opinion of the CourtWitmer, J.
In this negligence action the jury returned a verdict of no cause for action. Plaintiffs appeal upon the sole ground that the Trial Justice erred in refusing to charge the emergency doctrine and its application to the infant plaintiff’s conduct. It appears that the court based its refusal upon the ground that the emergency was not one created by the defendant. Although many cases have expressed the emergency doctrine in terms of an emergency created by the defendant, reason does not support such limitation and we think that the trial court was in error in its ruling.
The record shows that a…
2Cases cited5 opinions
- Voak v. . Northern Central Railway CompanyNew York Court of Appeals · 1878
- Bucher v. New York Central & Hudson River RailroadNew York Court of Appeals · 1885
- Ford v. New York City Interborough Railway Co.New York Court of Appeals · 1923
- Kolanka v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Neumann v. Hudson County Consumers Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by2 opinions
- Jhonson v. HicksonNew York Court of Appeals · 1978
- Voleshen v. ColesAppellate Division of the Supreme Court of the State of New York · 1978