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CHADWICK v. CITY OF NEW YORK

301 N.Y. 176 (1950)

Albert J. Chadwick, as Administrator of The Estate of Robert Chadwick, Deceased, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1950

Attorney(s) appearing for the Case

Morris Zweibel, James T. McKeon and Robert X. Kuzmier for appellant.

John P. McGrath, Corporation Counsel (Joseph F. Mulqueen, Jr., and Seymour B. Quel of counsel), for respondent.

LEWIS, CONWAY, DESMOND and FROESSEL, JJ., concur with DYE, J.; LOUGHRAN, Ch. J., and FULD, J., dissent.

DYE, J.

Robert Chadwick, then ten years of age, met his death under the wheels of a truck belonging to the defendant city under circumstances which, it is claimed, amounted to actionable negligence on the part of the driver under the doctrine of the last clear chance who failed to bring his truck under such control as to avoid injuring Robert after he knew that the boy was in peril. The dismissal of the complaint...

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