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Loetsch v. New York City Omnibus Corp.

New York Court of Appeals
52 N.E.2d 448 (N.Y. 1943)


Facts

After his wife died, Vilmar Loetsch (plaintiff) filed a wrongful-death suit against New York City Omnibus Corporation (Omnibus) (defendant), seeking to recover damages for his pecuniary loss. Omnibus sought to introduce Loetsch’s wife’s will, which was written four months before her death, into evidence. The will stated that Loetsch had “reciprocated [his wife’s] tender affections for him with acts of cruelty and indifference.” Loetsch objected to the evidence. The Supreme Court of New York County sustained the objection and excluded the will, finding in favor of Loetsch. The appellate division affirmed, and Omnibus appealed.

Rule of Law

Issue

Holding and Reasoning (Thacher, J.)

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