Buckingham v. Eagle Warehouse & Storage Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward T. Buckingham, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of January, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Edward T. Buckingham, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of January, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes. Defendant’s large van, operated as an auto truck, had been engaged to take the plaintiff’s furniture from Grand street, Brooklyn, to Port Jefferson, L. I., a run of about fifty-two miles. For additional compensation, defendant was…
1Dissent
Blackmar, J. (dissenting):
We agree that the court erred in charging the jury that they might find that plaintiff was a trespasser upon his own wagon, but we differ on the question whether the error was harmful. An erroneous charge does not injure a plaintiff who has no cause of action; and such is the case here.
It cannot be disputed that in voluntarily and needlessly riding on the trailer the plaintiff assumed the added risks due to such method of transportation. As to such risks, such assumption is often considered as equivalent to contributory negligence. (Clark v. Eighth Avenue R. R. Co.,…
2Cases cited3 opinions
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Magar v. . HammondNew York Court of Appeals · 1902
- Kleffmann v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906