Sorrusca v. Hobson
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Giacoma Sorrusca against William Hobson, doing business as Hobson’s Storage Warehouse. From a judgment for plaintiff, defendant appeals. Reversed and remanded.
1Opinion of the CourtBijur, J.
Defendant’s automobile truck, in charge of his employé, was brought to- a stop and the brake set by the employé. Thereupon, while some children were playing in the street around the machine, and after some 15 or 20 minutes, the machine started off and ran into plaintiff, who sues for the resulting injuries.
The case is peculiar, in that the circumstance of the starting of the machine is not explained. Respondent’s counsel in his brief manifests his lack of confidence in the judgment by repeatedly misquoting the evidence. Thus he says: “The automobile was stopped, but the brakes were not put…
2Cases cited2 opinions
- Vincent v. Crandall & Godley Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Berman v. SchultzAppellate Terms of the Supreme Court of New York · 1903
3Cited by1 opinion
- Rhad v. Duquesne Light Co.Supreme Court of Pennsylvania · 1917