De Carvalho v. . Brunner
New York Court of Appeals
Appeal from a judgment, entered January 19, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a verdict and directing a dismissal of the complaint as to the defendants, respondents. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered January 19, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a verdict and directing a dismissal of the complaint as to the defendants, respondents. The nature of the action and the facts, so far as material, are stated in the opinion. The facts clearly show that up to and following the instant when the plaintiffs’ testator was struck, the race continued; that the speed was illegal; and that the streets were used by both of the defendants in violation of…
1Opinion of the CourtCuddeback, J.
The plaintiffs in this” action seek to recover damages for the death of Luiz da Cunha Carvalho who was struck and killed by a truck owned by the defendant Brunner. The accident happened at about noon April 25, 1911, on Water street near the corner of Wall street in the city of New York.
The truck owned by Brunner was a one-horse truck and was going north in Water street. At the same time a two-horse truck owned by the defendants E. J. Johnston & Co. was also going north in Water street. When about 175 feet south of Wall street the drivers of the two trucks began to. race. The defendants’…
2Cases cited2 opinions
- Burnham v. . ButlerNew York Court of Appeals · 1865
- Hanrahan v. CochranAppellate Division of the Supreme Court of the State of New York · 1896
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- Rastelli v. Goodyear Tire & Rubber Co.New York Court of Appeals · 1992
- Ætna Life Insurance v. CarrollSupreme Court of Georgia · 1929
- In Re New York Asbestos LitigationDistrict Court, S.D. New York · 1994
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