From Casetext: Smarter Legal Research

De Pinto v. O'Donnell Transportation Co.

Court of Appeals of the State of New York
May 25, 1944
55 N.E.2d 855 (N.Y. 1944)

Opinion

Argued March 7, 1944

Decided May 25, 1944

Appeal from the Supreme Court, Appellate Division, First Department, BENVENGA, J.

John P. Carson, Edmund F. Lamb and Reginald V. Spell for appellant.

Abraham M. Fisch for respondent.



The evidence amply supports the finding by the jury that there was negligence on the part of the defendant-appellant and freedom from contributory negligence on the part of the deceased. Upon consideration of the Federal statutes (U.S. Rev. Stat., §§ 4283, 4284, 4285; U.S. Code, tit. 46, §§ 183, 184 and 185, as amd. by Act of June 5, 1936, ch. 521 [49 U.S. Stat. 1479 et seq.]), we agree with the interpretation in The Chickie ( 141 F.2d 80), and, accordingly, under section 606 of the Civil Practice Act (as amd. by L. 1942, ch. 297), the judgment is reversed and the case is remitted to the Appellate Division, without costs, for determination upon the questions of fact, including discretion, raised in that court by the defendant-appellant's motion to amend the answer.

The judgment of the Appellate Division should be reversed, without costs, and the case remitted to the Appellate Division for determination upon the questions of fact, including discretion, raised in that court by the defendant-appellant's motion to amend the answer.

LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ., concur.

Judgment accordingly.


Summaries of

De Pinto v. O'Donnell Transportation Co.

Court of Appeals of the State of New York
May 25, 1944
55 N.E.2d 855 (N.Y. 1944)
Case details for

De Pinto v. O'Donnell Transportation Co.

Case Details

Full title:JOSEPHINE DE PINTO, as Administratrix of the Estate of MAURO DE PINTO…

Court:Court of Appeals of the State of New York

Date published: May 25, 1944

Citations

55 N.E.2d 855 (N.Y. 1944)
55 N.E.2d 855

Citing Cases

Muscelli v. Frederick Starr Contracting Co.

Work v. Leathers ( 97 U.S. 379), Cullen Fuel Co. v. Hedger Co. ( 290 U.S. 82) and Pendleton v. Benner ( 246…

Voytovich v. 1111 Fuhrman Boulevard, Inc.

s. Co., 87 F.3d 150, 153 (5th Cir. 1996) (holding that maritime claims require an independent basis of…