Wardrop v. . Santi Moving Express Co.
New York Court of Appeals
Appeal from a judgment, entered November 13, 1920, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The plaintiff was not guilty of contributory negligence as a matter of law. (Rexter v. Starin, 73 N. Y. 601; Wasmer v. D., L. & W. R. R. Co., 80 N. Y. 212; I. C. R. R. Co. Case, 229 Ill. 390; Liming v. Ill.
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Appeal from a judgment, entered November 13, 1920, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The plaintiff was not guilty of contributory negligence as a matter of law. (Rexter v. Starin, 73 N. Y. 601; Wasmer v. D., L. & W. R. R. Co., 80 N. Y. 212; I. C. R. R. Co. Case, 229 Ill. 390; Liming v. Ill. Central R. R. Co., 81 Iowa, 246; Glanz v. C., M. & St. P. R. R. Co., 119 Iowa, 611; Thomp. on Neg. § 199.) Plaintiff’s own testimony…
1Opinion of the CourtAndrews, J.
The plaintiff’s car was parked next the curb on a narrow street. It faced the south. He himself stood upon the sidewalk near by. Opposite, a private driveway ran at right angles up a grade from the street. Past this car going north came a heavy truck some twenty-two feet long belonging to the defendant. It was necessary to turn it so that it also should face south. It, therefore, was backed into this driveway and stopped. It then faced the plaintiff’s car and its fender was but three and one-half or four feet from it. The chauffeur of the truck was at the wheel. He had two helpers with him.…
2Cited by13 opinions
- Rossman v. La GregaNew York Court of Appeals · 1971
- Rague v. Staten Island Coach Co.New York Court of Appeals · 1942
- Heber v. Puget Sound Power & Light Co.Washington Supreme Court · 1949
- Gardner v. StateNew York Court of Claims · 1954
- In re Lee Transit Corp.Court of Appeals for the Second Circuit · 1930
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