Kettle v. . Turl
New York Court of Appeals
Appeal from an order of the General Term of the New York Court of Common Pleas, entered June 17, 1895, overruling the plaintiff’s exceptions, ordered to be heard in the first instance by that court, and denying a motion for a new trial, and from the judgment in favor of defendants, dismissing the complaint upon the merits, entered upon such order. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the General Term of the New York Court of Common Pleas, entered June 17, 1895, overruling the plaintiff’s exceptions, ordered to be heard in the first instance by that court, and denying a motion for a new trial, and from the judgment in favor of defendants, dismissing the complaint upon the merits, entered upon such order. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants’ driver was grossly negligent. (Moebus v. Herrmann, 108 N. Y. 349 Murphy v. Orr, 96 N. Y. 14; Chisholm v. State, etc., 141 N. Y. 246; Johnson v. S.…
1Opinion of the CourtMartin, J.
This action was for negligence. The plaintiff was a truckman in the city of New York driving his own team. On November 16,1891, shortly after nine o’clock in the morning, he was coming down Tenth avenue, when he discovered a knife lying in the street. . He drove his team to the curb on the right-hand side, alighted, passed to the rear, picked up the knife, returned to the front of his truck, put his hand upon the seat, and in attempting to remount stepped upon the hub of the wheel, when he was struck by the. whiffletrees upon the defendants’ passing truck, thrown to the street and his right…
2Cited by23 opinions
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
- Chickasha St. Ry. Co. v. MarshallSupreme Court of Oklahoma · 1914
- Conway v. . NaylorNew York Court of Appeals · 1918
- Handy v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Rague v. Staten Island Coach Co.New York Court of Appeals · 1942
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