New York Court of Appeals

Harriet Rossman, as Administratrix of the Estate of Samuel Rossman v. Joseph La Grega, and Tobias Cohen

April 21, 197128 N.Y.2d 300

Summary

The New York Court of Appeals reversed the Appellate Division’s dismissal of a wrongful‑death action, holding that the decedent’s alleged contributory negligence in standing on the roadway was a factual issue for the jury, not a matter of law, especially given the emergency circumstances.