O'Grady v. City of Fulton
| Decision Date | 23 January 1958 |
| Citation | 171 N.Y.S.2d 108,148 N.E.2d 317,4 N.Y.2d 717 |
| Parties | , 148 N.E.2d 317 Olga O'GRADY, as Administratrix of the Goods, Chattels and Credits of John G. O'Grady, Deceased, Respondent, v. CITY OF FULTON, New York, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 4 A.D.2d 743, 164 N.Y.S.2d 985.
Administratrix of deceased brought action against city to recover damages for deceased's death, which allegedly resulted because of the failure of police officers to secure medical aid for deceased who died in jail.
The Supreme Court, Trial Term, Oswego County, Eugene F. Sullivan, J., entered judgment on a verdict for $35,000, and the city appealed.
The Appellate Division affirmed the judgment. Vaughan, J. P., dissented and voted for reversal and new trial unless the administratrix should stipulate to reduce the verdict to $20,000, and Williams, J., dissented and voted for reversal and for the granting of a new trial, on ground that the verdict was against the weight of the evidence.
The city appealed to the Court of Appeals, contending that there was no evidence of negligence on the part of the city sufficient to take the case to the jury, and that deceased was guilty of contributory negligence as a matter of law, and that the Trial Term erred in submitting question of contributory negligence to the jury, and that the charge of the Trial Term was so inadequate and vague on the subject of contributory negligence as to require a reversal of the judgment.
J. Sheridan Hillick, Fulton (Hancock, Dorr, Ryan & Shove, Syracuse, by Arthur W. Agan, Syracuse, of counsel), for defendant-appellant.
Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse (Raymond W. Hackbarth, Syracuse, of counsel), for plaintiff-respondent.
Judgment affirmed, with costs.
All concur.
To continue reading
Request your trial
-
Wilson v. Sponable
...therein), and a municipality similarly would be liable if he had done so while a prisoner in a municipal jail (O'Grady v. City of Fulton, 4 N.Y.2d 717, 171 N.Y.S.2d 108; Dunham v. Village of Canisteo, 303 N.Y. 498, 104 N.E.2d 872. The same rule should apply to counties. It does not because ......
-
Schuster v. City of New York
...intoxication who died from cerebral hemorrhage in consequence of failure of the police to procure medical aid (O'Grady v. City of Fulton, 4 N.Y.2d 717, 171 N.Y.S.2d 108); to a wife shot by her husband to whom the police had negligently returned a pistol (Benway v. City of Watertown, 1 A.D.2......
-
Sorichetti v. City of New York
...who died from cerebral hemorrhage in consequence of failure of the police to procure medical aid (O'Grady v. City of Fulton, 4 N.Y.2d 717, 171 N.Y.S.2d 108 (148 N.E.2d 317)); to a wife shot by her husband to whom the police had negligently returned a pistol (Benway v. City of Watertown, 1 A......
-
Jones v. State
...302, 151 N.E.2d 862 (taxicab driver shot by a passenger negligently placed in his cab by policeman); O'Grady v. City of Fulton, 4 N.Y.2d 717, 171 N.Y.S.2d 108, 148 N.E.2d 317 (man arrested for public intoxication died from cerebral hemorrhage in consequence of police failure to procure medi......