Reehil v. Fraas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John F. Fraas, 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 1st day of April, 1908, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the 12th day of March, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
The action was for damages for the alleged negligence of the defendant in knocking the plaintiff down in the street with his business horse and wagon. It appeared in evidence that at the time of the accident there was a boy riding about in the wagon with the defendant’s driver who was going from place to place on the defendant’s business. He was not in the employ of the defendant, but a stranger to him, had no right to be in the wagon, and was probably a distraction to the driver there. The driver was called as a witness by the defendant but this boy was not called. He was present…
2Cases cited5 opinions
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Schwier v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Sugarman v. BrengelAppellate Division of the Supreme Court of the State of New York · 1902
- Levine v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Yula v. New York & Queens County R. Co.New York Supreme Court · 1902
3Cited by29 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- Wilson v. BodianAppellate Division of the Supreme Court of the State of New York · 1987
- Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
- Chandler v. FlynnAppellate Division of the Supreme Court of the State of New York · 1985
- Jarrett v. MadifariAppellate Division of the Supreme Court of the State of New York · 1979
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