Legal Opinion

Elder v. New York & Pennsylvania Motor Express, Inc.

New York Court of Appeals

Decided December 31, 1940PublishedCited by 55 opinions

1Opinion of the CourtFinch, J.

The question presented by this appeal is whether or not the principle of res judicata applies.

The facts in so far as necessary to present the issue here involved are briefly as follows: The actions lie in negligence. They grow out of an accident in which a truck owned by the New York and Pennsylvania Motor Express, Inc. (Penn.) collided with one owned by the United States Trucking Corporation (United). Damages to person and property resülted. Penn, sued United for property damage to its truck. United brought an independent action for property damage to its truck against Penn. These two…

2Cases cited7 opinions

  1. Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
  2. Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
  3. Booth v. . PowersNew York Court of Appeals · 1874
  4. Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926
  5. Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873

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3Cited by55 opinions

  1. Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
  2. Bruszewski v. United StatesCourt of Appeals for the Third Circuit · 1950
  3. B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
  4. Bomar v. KeyesCourt of Appeals for the Second Circuit · 1947
  5. Berner v. British Commonwealth Pacific Airlines, Ltd.Court of Appeals for the Second Circuit · 1965

50 more not listed; retrieve them via the Exa API.

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