Moriarty v. Porter
City of New York Municipal Court
Appeal from a judgment, entered' upon a verdict of a jury in favor of the plaintiff and against the defendants and from an order denying a motion for a new trial.
1Opinion of the CourtO’Dwyer, J.
This action is brought to recover damages for injuries sustained by reason of the sudden collapse, while in ordinary use, of a bicycle leased by the defendants to the plaintiff.
The complaint, after setting forth the terms of the lease and compliance therewith on the part of the plaintiff, the collapse of the machine while in ordinary use, and the injury resulting therefrom, further alleged a warranty on the part of the defendants with ' respect to the quality of the bicycle; and the allegations of warranty were denied in the answer. , «
The sixjh paragraph of the complaint, among other things,…
2Cases cited4 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Losee v. . CluteNew York Court of Appeals · 1873
- Glenn v. WintersAppellate Terms of the Supreme Court of New York · 1896
- Spring v. BowneNew York Supreme Court · 1895
3Cited by3 opinions
- Winckel v. Atlantic Rentals & Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Oklahoma Petroleum & Gasoline Co. v. WinshipSupreme Court of Oklahoma · 1921
- Veer v. TyrrellAppellate Division of the Supreme Court of the State of New York · 1968