Rubin v. Whan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Archibald H. Whan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of November, 1918, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Putnam, J.:
This is a case of personal injury from being struck by a north-bound automobile near the comer of Fourth avenue and Twenty-seventh street, Manhattan. The amount of the verdict ($2,500) is not questioned and there seems little room for difference as to the negligent operation of the colliding car. But by oversight the plaintiff failed to prove either defendant’s ownership or otherwise to connect the defendant with the negligent chauffeur.
The complaint averred that on May 23, 1918, defendant owned an automobile with the license number 19604 N. Y. This was admitted. It further charged…
2Cases cited3 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Gerding v. . HaskinNew York Court of Appeals · 1894
3Cited by1 opinion
- Klein-Messner Co. v. Fair Waist & Dress Co.Appellate Division of the Supreme Court of the State of New York · 1926