Zobel v. City of New York

CourtNew York Court of Appeals
Citation88 N.E.2d 722,300 N.Y. 490
Decision Date21 October 1949
PartiesJohn W. ZOBEL, Appellant, v. CITY OF NEW YORK, Respondent.

300 N.Y. 490
88 N.E.2d 722

John W. ZOBEL, Appellant,
v.
CITY OF NEW YORK, Respondent.

Court of Appeals of New York.

Oct. 21, 1949.


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.

[88 N.E.2d 722]

Judgment affirmed, with costs.

All concur except LOUGHRAN, C. J., and CONWAY and FULD, JJ., who dissent.

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3 practice notes
  • Feldman v. New York City Transit Authority
    • United States
    • United States Court of Appeals (New York)
    • May 27, 1965
    ...of law '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 pla......
  • Gallagher v. Sears Roebuck & Co.
    • United States
    • New York Supreme Court Appellate Division
    • April 1, 1957
    ...v. Western Union Tel. 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, 300 N.Y. 490, 88 N.E.2d 722; Fredendall v. Abraham & Straus, 279 N.Y. 146, 18 N.E.2d...
  • Feldman v. New York City Transit Authority
    • United States
    • New York Supreme Court Appellate Division
    • December 15, 1964
    ...was 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, 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 woul......
3 cases
  • Feldman v. New York City Transit Authority
    • United States
    • United States Court of Appeals (New York)
    • May 27, 1965
    ...of law '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 pla......
  • Gallagher v. Sears Roebuck & Co.
    • United States
    • New York Supreme Court Appellate Division
    • April 1, 1957
    ...v. Western Union Tel. 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, 300 N.Y. 490, 88 N.E.2d 722; Fredendall v. Abraham & Straus, 279 N.Y. 146, 18 N.E.2d...
  • Feldman v. New York City Transit Authority
    • United States
    • New York Supreme Court Appellate Division
    • December 15, 1964
    ...was 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, 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 woul......

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