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KASKOFF v. ANDERSON

Court of Appeals of the State of New York.
Oct 10, 1963

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.