Zobel v. City of New York
| Decision Date | 21 October 1949 |
| Citation | 88 N.E.2d 722,300 N.Y. 490 |
| Parties | John W. ZOBEL, Appellant, v. CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Second Department, 275 App.Div. 722, 87 N.Y.S.2d 264.
Action by John W. Zobel against the City of New York for personal injuries sustained while plaintiff was standing on a platform of the defendant's subway railroad. The plaintiff was standing on the platform vomiting with his head beyond the edge of the platform.
A judgment for the plaintiff was reversed by the Appellate Division, 275 App.Div. 722, 87 N.Y.S.2d 264, on the ground that plaintiff was guilty of contributory negligence as a matter of law, and the plaintiff appeals.Judgment affirmed, with costs.
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3 cases
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Gallagher v. Sears Roebuck & Co.
... ... April 1, 1957 ... Archie V. Latto, New York City, for appellant. John V. Higgins, New York City, on the brief ... Walter H ... Co., 140 App.Div. 874, 125 N.Y.S. 622; Connelly v. Carrig, 244 N.Y. 81, 154 N.E. 829; Zobel v. City of New York, ... ...
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Feldman v. New York City Transit Authority
...'heedless of ordinary precautions in a place of known danger' (Zobel v. City of New York, 275 App.Div. 782, 87 N.Y.S.2d 264, affd. 300 N.Y. 490, 88 N.E.2d 722). He was not a reckless intruder into danger. He was attempting to find a fire in a busy station within a few feet of the place wher......
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Feldman v. New York City Transit Authority
...of ordinary precautions in a place of known danger.' (Zobel v. City of New York, 275 App.Div. 782, 87 N.Y.S.2d 264, affirmed 300 N.Y. 490, 88 N.E.2d 722). Nor may the defendant be cast in liability by reason of the application of the doctrine of last clear chance. To do so would require, in......