Keller v. Haaker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Iienry Haaker, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of November, 1895, upon the verdict of a jury rendered after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 5th day of November, 1895, denying the defendant’s motion for a new trial made upon the minutes. • The action was brought to recover damages…
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Appeal by the defendant, Iienry Haaker, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of November, 1895, upon the verdict of a jury rendered after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 5th day of November, 1895, denying the defendant’s motion for a new trial made upon the minutes. • The action was brought to recover damages resulting from the death of the plaintiff’s intestate alleged to have been caused by the negligence of the defendant. The…
1Opinion of the Court
Williams, J.:
We entertain no doubt but that there was sufficient evidence -to sustain'the verdict of the jury as to. the negligence of the defendant 7 or his driver. ■ Considering the location- of the street, its condition at the time of the accident, being so obstructed as to leave only-enough space to permit a single team to pass by at' one time-, the large number of children in the street at the time, and the obstruction interfering with -a view of the street, it was fairly a question for the jury, whether the rate, of speed at which the team was being driven at the time of the accident,…
2Cases cited1 opinion
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
3Cited by1 opinion
- Atchason v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1904