Legal Opinion

Brush v. Constable

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1915PublishedCited by 2 opinions

Appeal by the defendant, Fannie M. Constable, from an order of the Supreme Court, made at the Richmond Trial Term and entered in the office of the clerk of the county of Richmond on the 25th day of August, 1914, setting aside the verdict of a jury herein in her favor, and granting plaintiff’s motion for a new trial.

1Opinion of the Court

Rich, J..:

This appeal is from an order of the Trial Term setting aside a verdict in favor of defendant and directing a new trial, in an action to recover damages for personal injuries alleged to have been sustained in consequence of the negligence of defendant’s chauffeur in operating an automobile owned by her.

The accident was the collision of two automobiles and it happened at about noon on July 26, 1913, in the village of Southampton, near the junction of Toilsome lane, a public highway, and Schermerhorn roadway, a private road leading from the Schermerhorn property to the highway at right…

2Cases cited5 opinions

  1. Layman v. John Anderson & Co.Appellate Division of the Supreme Court of the State of New York · 1896
  2. Berkowitz v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1909
  3. Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
  4. Berkowitz v. . Consolidated Gas Company of New YorkNew York Court of Appeals · 1911
  5. Gallup v. BesslingAppellate Terms of the Supreme Court of New York · 1910

3Cited by2 opinions

  1. Flynn v. SuperinaAppellate Division of the Supreme Court of the State of New York · 1964
  2. Deane v. StegherrCity of New York Municipal Court · 1916

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