Ferris v. . Sterling
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 4, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 4, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Even though the jury found, upon incompetent evidence, and by reason of the improper exclusion of rebuttal evidence, that Frederick O. Sterling was the owner of the automobile which caused the accident, nevertheless, defendant cannot he held on the evidence in the record. (Pichler v. Reese, 171 N. Y. 577; Chicago v.…
1Opinion of the CourtCardozo, J.
The action is brought to recover damages for injuries resulting in death. The defendant’s son, while in charge of an automobile, ran down a motorcycle, and killed the man who was on it. Both father and son assert that the car was the son’s. Both assert also that the son at the time of the collision was using the car for his own pleasure, and not in the father’s service. They say that the car was given to the son on his twenty-first birthday, July 8, 1912. They are corroborated to some extent by the manager of the company that sold it. The license, issued by the secretary of state, was made…
2Cases cited13 opinions
- People v. . KatzNew York Court of Appeals · 1913
- Norris v. . KohlerNew York Court of Appeals · 1869
- Kayser v. Van NestSupreme Court of Minnesota · 1914
- Cunningham v. CastleAppellate Division of the Supreme Court of the State of New York · 1908
- Vonderhorst Brewing Co. v. AmrhineCourt of Appeals of Maryland · 1904
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3Cited by176 opinions
- People v. MelendezNew York Court of Appeals · 1982
- People v. MirendaNew York Court of Appeals · 1969
- People v. CasertaNew York Court of Appeals · 1966
- Potts v. . PardeeNew York Court of Appeals · 1917
- Leotta v. PlessingerNew York Court of Appeals · 1960
171 more not listed; retrieve them via the Exa API.