Seaman v. Mott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. Varnum Mott, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 25th day of March, 1907, upon the .verdict of a jury for $4,200, and also from an order entered in said clerk’s office on the 6th day of April, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
I think that the judgment must be reversed because the plaintiff did not present a case to support the verdict of the jury that the defendant was negligent. The plaintiff was injured by the motor car of the defendant. The accident occurred in the roadway on the north side of the public place — Columbus Circle, near Fifty-ninth street in the borough of Manhattan of the city of Flew York. It was daylight, between 5 and 6 p. m. of May 22, 1905. The plaintiff, who is his sole witness as to the accident, testifies that upon leaving the curb lie looked for possible perils; that he neither…
2Cases cited3 opinions
- Barker v. . SavageNew York Court of Appeals · 1871
- Lofsten v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Marquardt v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by7 opinions
- Navailles v. DielmannSupreme Court of Louisiana · 1909
- Biogini v. SteynenCourt of Appeals of Maryland · 1914
- Bohringer v. CampbellAppellate Division of the Supreme Court of the State of New York · 1912
- Boker v. H. Koehler & Co.Appellate Terms of the Supreme Court of New York · 1909
- Alaimo v. E. & J. Marrin Co.City of New York Municipal Court · 1910
2 more not listed; retrieve them via the Exa API.