Legal Opinion

Diem v. Adams

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 1943PublishedCited by 5 opinions

1Opinion of the CourtCallahan, J.

Shortly after midnight on June 1, 1937, plaintiff, Oscar Diem (a physician), was operating an automobile across the Triborough Bridge in the city of New York, when his car collided with one owned by the defendant, Donald Adams. Both the doctor and his wife (plaintiff, Gertrude Diem) were injured. Both received verdicts in substantial amounts at the hands of a jury. .Both verdicts were set aside by the trial court and judgment directed for the defendant. Plaintiffs appeal from the judgment entered upon such direction.

The verdict in favor of the doctor included damages for his own personal…

2Cases cited2 opinions

  1. McKay v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1913
  2. Maxson v. TomekAppellate Division of the Supreme Court of the State of New York · 1935

3Cited by5 opinions

  1. Marton v. McCaslandAppellate Division of the Supreme Court of the State of New York · 1962
  2. Dixon v. WrightDistrict Court of Appeal of Florida · 1968
  3. Miller v. RankinAppellate Division of the Supreme Court of the State of New York · 1960
  4. In re the Estate of MinettiNew York Surrogate's Court · 1971
  5. Evans v. ZimmerNew York Supreme Court · 1961

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