Fuller v. Dederick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Aaron M. Dederick, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 26th day of April, 1898, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 24th day of May, 1898, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Aaron M. Dederick, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 26th day of April, 1898, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 24th day of May, 1898, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries sustained by the plaintiff in consequence of a collision with a horse and carriage owned by the defendant and driven by one of his servants.
1Opinion of the Court
Herrićk, J.:
To recover in this case, it was not only necessary for the plaintiff to show negligence on the part of the defendant’s driver, but to show 'freedom froth contributory negligence upon her own part. The accident happened near the intersection of Central avenue and Quail street in the city of Albany. Central avenue runs east and west and is intersected by Quail street running north and south.
The defendant’s horse and carriage, in charge of a driver in his employ, who was accompanied by defendant’s sister, was driving from the east towards the west. The plaintiff was on the south side…
2Cited by3 opinions
- McKinley v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Wilkins v. New York Transportation Co.Appellate Terms of the Supreme Court of New York · 1906
- Warshawsky v. BalteranskyAppellate Terms of the Supreme Court of New York · 1916