Hethier v. Johns
Appellate Division of the Supreme Court of the State of New York
Appeal in the first entitled action by the defendant, Franklin Johns, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 15th day of December, 1920, on the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 21st day of December, 1920, denying defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal in the first entitled action by the defendant, Franklin Johns, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 15th day of December, 1920, on the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 21st day of December, 1920, denying defendant’s motion for a new trial made upon the minutes. Appeal in the second entitled action by the defendant, Franklin Johns, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the…
1Opinion of the Court
Hubbs, J.:
The plaintiff, Pearl Hethier, was injured by being struck by the defendant’s automobile and brought her action to recover damages for personal injuries. George Hethier, her husband, the plaintiff in the other action, sued to recover for the damage caused to him by reason of the injuries sustained by his wife. The cases were tried together by consent and resulted in a verdict in favor of each of the plaintiffs. The only question which we deem of importance in the consideration of these cases arises under sections 834 and 836 of the Code of Civil Procedure.
The plaintiff testified upon…
2Cases cited12 opinions
- Morris v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1895
- Capron v. . DouglassNew York Court of Appeals · 1908
- Barker v. Cunard S. S. Co.New York Supreme Court · 1895
- Fox v. Union Turnpike Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Hope v. . Troy and Lansingburgh Railroad CompanyNew York Court of Appeals · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Steinberg v. New York Life InsuranceNew York Court of Appeals · 1933
- Hudman v. StateCourt of Criminal Appeals of Oklahoma · 1949
- Felska v. John Hancock Mutual Life InsuranceNew York Supreme Court · 1932
- Erickson v. BorkNew York Supreme Court · 1929
- In re BennettAppellate Division of the Supreme Court of the State of New York · 1922