General

Edward F. Smith et al., Respondents, v. Reuben Moskowitz, Appellant, et al., Defendants

267 A.D. 422·New York Supreme Court, Appellate Division·1944·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Edward F. Smith et al., Respondents, v. Reuben Moskowitz, Appellant, et al., Defendants. First Department, February 25, 1944. J. O. Denniston of counsel (E. C. Sherwood, attorney), for appellant. Joseph B. Wortmcm for respondents. [MAJORITY — Per Curiam.] Per Curiam. The doctrine of “ the last clear chance ” does not apply to the facts to which the plaintiffs testified (Woloszynowski v. N. Y. C. R. R. Co., 254 N. Y. 206) and it was, therefore, error to submit that question to the jury. The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event. Martin, P. J., Townley, Glennon, TJntermyeb and Does, JJ., concur. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.