Legal Opinion

Schoenherr v. Hartfield

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1916PublishedCited by 8 opinions

Appeal by the plaintiff, Henry Schoenherr, aa executor, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 21st day of June, 1915, upon the verdict of a jury.

1Opinion of the Court

JENKS, P. J.:

The action is for negligence. The plaintiff’s intestate, attempting to cross a city street in the borough of Brooklyn, was struck and was killed by a motor car driven by Babcock, the alleged chauffeur of defendant Hartfield, the alleged owner of the car. Hartfield was in Europe at the time of the casualty, and did not return therefrom until some weeks thereafter. The litigation, in addition to the questions of contributory negligence and of negligence, involved the ownership of the car, the service of Babcock, and the question whether at the time of the casualty he was about…

2Cases cited3 opinions

  1. Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
  2. Post v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1909
  3. Stephens v. . VromanNew York Court of Appeals · 1857

3Cited by8 opinions

  1. Hill v. StaatsCourt of Appeals of Texas · 1916
  2. Wines v. Goodyear Tire & Rubber Co.Missouri Court of Appeals · 1952
  3. Van Hook v. StrassbergerMissouri Court of Appeals · 1953
  4. Cunningham v. Union Chevrolet Co.Tennessee Supreme Court · 1941
  5. Miceli v. WilliamsMissouri Court of Appeals · 1956

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