GALANEK v. NEW YORK CITY TRANSIT AUTH.


53 A.D.2d 586 (1976)

Ann K. Galanek, Appellant, v. New York City Transit Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 24, 1976


The trial court did not err in refusing to submit to the jury the doctrine of last clear chance. The doctrine may excuse what would otherwise be contributory negligence because the proximate causal relationship between the contributory negligence and the injury was broken by "defendant's failure to heed the peril and take whatever reasonable steps the circumstances indicated to avoid injury to the plaintiff. * * * Where a plaintiff has become, through his own prior negligence...

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