Ward v. . Clark
New York Court of Appeals
Appeal from a judgment, entered January 6, 1920, upon an order of the Appellate Division of the Supreme 'Pourt in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The Appellate Division erred in reversing the judgment entered on the verdict. This was a case for the jury.
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Appeal from a judgment, entered January 6, 1920, upon an order of the Appellate Division of the Supreme 'Pourt in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The Appellate Division erred in reversing the judgment entered on the verdict. This was a case for the jury. (Newson v. N. Y. C. R. R. Co., 29 N. Y. 383; Eastland v. Clarke, 165 N. Y. 426; Baker v. Close, 204 N. Y. 92; Buhrens v. R. R. Co., 53 Hun, 571; 125 N. Y. 702; Van Ingen v. Jewish Hospital, 182 App. Div. 10; 227 N. Y. 665; Conway v.…
1Opinion of the CourtCardozo, J.
Plaintiff’s automobile and defendant’s were in collision at the intersection of Selye Terrace and Pierrepont street in the city of Rochester. Plaintiff was driving east on Selye Terrace, and defendant north on Pierrepont street. About seventy-five feet away from the point of collision, plaintiff saw the defendant’s car, distant from the same point about one hundred and fifty feet. He cut off his power for an instant, reduced his rate of speed, and measured with his eye the speed of the approach. The rate of progress of the two cars, the plaintiff’s a small Ford car, and the defendant’s a…
2Cases cited1 opinion
- Mark v. . FritschNew York Court of Appeals · 1909
3Cited by73 opinions
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- Bogh v. BeadlesSouth Dakota Supreme Court · 1961
- Casto v. HansenOregon Supreme Court · 1927
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