Allen & Arnink Auto Renting Co. v. United Traction Co.
New York County Court, Albany County
Appeal from City Court of Albany. Action by the Allen & Arnink Auto Renting Company against the United Traction Company. From a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial granted.
1Opinion of the CourtAddington, J.
This is an'appeal by the plaintiff from a judgment of the City Court of Albany, dismissing the complaint of the plaintiff, with costs.
The action was brought to recover $350 damages which plaintiff claims it sustained by reason of the negligence of the defendant in a collision by one of its trolley cars with an automobile of the plaintiff on River street, in the city of Troy, N. Y., on the 27th day of' July, 1913.
At the close of the plaintiff’s case, the defendant moved ;
“for a nonsuit and the dismissal of the complaint on the ground that the plaintiff has been paid for whatever loss was…
2Cases cited18 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Merrick v. . Van SantvoordNew York Court of Appeals · 1866
- Smith v. . HallNew York Court of Appeals · 1876
- Spooner v. D., L. & West. RailroadNew York Court of Appeals · 1889
- Merrick v. BrainardNew York Supreme Court · 1860
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3Cited by1 opinion
- Texport Oil Co. v. M/V AMOLYNTOSDistrict Court, E.D. New York · 1993