Clark v. Buckmobile Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Buckmobile Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 28th day of November, 1904, upon the verdict of a jury for $1,250, and also from an order entered in said clerk’s office on the 1st day of December, 1904, denying the defendant’s motion for a new trial made, upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed and a new trial ordered, with costs to the appellant to abide event.
The action was brought to recover damages for injuries to the plaintiff, alleged to have resulted from the defendant’s negligence. The injuries were received in an automobile accident. Assuming that the machine Was the property of this defendant, a corporation, it does not necessarily follow that the defendant is liable for the injuries complained of. It must further appear that the machine was being operated at the time of the accident by the defendant, that is, by…
2Cases cited1 opinion
- King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
3Cited by23 opinions
- Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
- Guthrie v. HolmesSupreme Court of Missouri · 1917
- Daily v. MaxwellMissouri Court of Appeals · 1911
- Lewis v. AmorousCourt of Appeals of Georgia · 1907
- McNeal v. McKainSupreme Court of Oklahoma · 1912
18 more not listed; retrieve them via the Exa API.