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Hunt v. Schultz

Appellate Division of the Supreme Court of New York, Fourth Department
May 21, 1964
21 A.D.2d 743 (N.Y. App. Div. 1964)

Opinion

May 21, 1964

Appeal from the Erie Trial Term.

Present — Williams, P.J., Bastow, Henry, Noonan and Del Vecchio, JJ.


Judgment and orders unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The verdicts in favor of each of these plaintiffs are totally irreconcilable and inconsistent. Contributory negligence is conduct on the part of a plaintiff which falls below the standard to which he should conform for his own protection (Restatement, Torts, § 463). Where, as here, there is one accident and a continuous course of conduct on the part of a driver of a vehicle, a jury determination that that driver violated a duty to another of necessity includes a finding that the same driver violated the duty owed to himself for his own protection.


Summaries of

Hunt v. Schultz

Appellate Division of the Supreme Court of New York, Fourth Department
May 21, 1964
21 A.D.2d 743 (N.Y. App. Div. 1964)
Case details for

Hunt v. Schultz

Case Details

Full title:LAURA HUNT, Respondent, v. KARL E. SCHULTZ, Individually and as Executor…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 21, 1964

Citations

21 A.D.2d 743 (N.Y. App. Div. 1964)

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