McGovern v. Oliver
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isidor Oliver, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of May, 1916, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 31st day of May, 1916, denying the appellant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Isidor Oliver, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of May, 1916, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 31st day of May, 1916, denying the appellant’s motion for a new trial made upon the minutes. Appeal by the plaintiff, James P. McGovern, as administrator, from a judgment of the Supreme Court in favor of the defendant Dorothy Oliver entered in the office of the clerk of the county of New York on the…
1Opinion of the Court
Laughlin, J.:
We are of opinion that the evidence was sufficient to sustain the finding of the jury that the defendant, appellant, owned the automobile which struck the decedent, causing her death; but we think the plaintiff failed to establish by a preponderance of the evidence that the chauffeur who was driving the automobile at the time was then acting for the owner or within the scope of his employment so as to charge the owner with responsibility for his negligence, and on that point we deem the verdict to be clearly against the weight of the evidence. On the appeal of the defendant the…
2Cases cited3 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
- Di Tommaso v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by12 opinions
- Leotta v. PlessingerNew York Court of Appeals · 1960
- Young v. SecklerAppellate Division of the Supreme Court of the State of New York · 1980
- Martyn v. BraunAppellate Division of the Supreme Court of the State of New York · 1946
- Costa v. HicksAppellate Division of the Supreme Court of the State of New York · 1983
- Estes v. Town of Big FlatsAppellate Division of the Supreme Court of the State of New York · 1973
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