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SMITH v. MOSKOWITZ
Appellate Division of the Supreme Court of New York, First Department.
Feb 25, 1944
Per Curiam.
The doctrine of "the last clear chance" does not apply to the facts to which the plaintiffs testified ( Woloszynowski v. N.Y.C.R.R. Co., 254 N.Y. 206) and it was, therefore, error to submit that question to the jury.
The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.
MARTIN, P.J., TOWNLEY, GLENNON, UNTERMYER and DORE, JJ., concur.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.
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