Piuntkosky v. Thomas Harrington's Sons Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas Harrington’s Sons Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of May, 1914, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 29th day of May, 1914, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The plaintiff, landing from a ferry boat in Jersey City, came into collision with the truck team of the defendant so that his legs were injured by the front wheel of the truck. The defendant answered the plaintiff’s complaint for negligence by general denials and by a separate defense of a release. The plaintiff joined issue as to that defense. Although the proof upon that issue presented for the jury a question whether the plaintiff was competent mentally to understand and to appreciate what he was doing when the release was executed (Dixon v. Brooklyn City & Newtown Railroad…
2Cases cited6 opinions
- Dixon v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1885
- Warner v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Chicago West Division Railway Co. v. MillsIllinois Supreme Court · 1878
- Griffith v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Blair v. Utica & Mohawk Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Foster v. ParkerAppellate Division of the Supreme Court of the State of New York · 1953
- Hoad v. New York Cent. R.District Court, W.D. New York · 1933
- Winokur v. Quaker City Bus Co.Appellate Division of the Supreme Court of the State of New York · 1938
- Dienstag v. Kiamesha-Concord, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- In re the Estate of AmusoNew York Surrogate's Court · 1958
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