Howard v. . Ludwig
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 19, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants were not the driver’s masters and are not liable, and there could, therefore, have been no question for the jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 19, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants were not the driver’s masters and are not liable, and there could, therefore, have been no question for the jury. (Maxmilian v. Mayor, etc., 62 N. Y. 160; Blake v. Ferris, 5 N. Y. 48; Baldwin v. Abraham, 57 App. Div. 67; Murray v. Dwight, 161 N. Y. 301;…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for a personal injury alleged to have been occasioned through the negligence of the defendants. On the 12th day of August, 1897, the plaintiff, while driving in her surrey on the Finger Board road in the county of Bichmond, in company with her children and others, received the injuries complained of as the result of a collision with a heavily loaded truck.
An issue wás raised as to the negligence of the driver of the truck, which was sharply contested at the trial, but this- was determined by the jury, in favor of the plaintiff, and no question of law…
2Cited by36 opinions
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Norton v. Day Coal Co.Supreme Court of Iowa · 1920
- Matter of Dale v. . Saunders Bros.New York Court of Appeals · 1916
- Ash v. Century Lumber Co.Supreme Court of Iowa · 1911
- Baldwin v. . AbrahamNew York Court of Appeals · 1902
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