The case involved a pedestrian, Joseph Wilson, who was injured while crossing the Henry Hudson Parkway at night outside of a designated crossing, after climbing a fence, and was struck by defendant Maiello's car. Wilson conceded contributory negligence but sought recovery under the last clear chance doctrine. The court held that the evidence did not support submitting the case to the jury on last clear chance, as Wilson's negligence continued up to the moment of impact and was a concurrent cause of the accident, and there was no sufficient interval for the defendant to avoid the collision. The judgment in favor of the plaintiff was reversed and the complaint dismissed.

torts & liability