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Kaskoff v. Anderson

13 N.Y.2d 911 Court N.Y. Decision date 1963-10-10 English

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p. 911
Evelyn Kaskoff, Respondent, v. William G. Anderson et al., Appellants.
Argued October 2, 1963;
decided October 10, 1963.
p. 913
Kenneth A. MacVean for appellants.
Hyman G. Levine and Robert Orseck for respondent.

Judgment affirmed, with costs. We agree (1) that the rule as to last clear chance should not be charged to the jury in automobile collision cases except under exceptional circumstances, and (2) that, whether or not the rule was appropriately or correctly charged here, the result could not have been affected thereby. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi.