Davis v. Maxwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Maxwell, from a judgment of the Supreme Court in favor of the plaintiff,. entered in the office of the clerk of the county of Madison on the 25th day of October, 1905, upon the verdict of a jury for $2,000, and also, as .stated in the notice of appeal, from an order denying the defendant’s motion for a new trial made upon the minutes. The order denying the motion for a new trial does not appear in the record.
1Opinion of the Court
Parker, P. J.:
Plaintiff on June 30, 1903, was driving her horse, hitched to a road wagon, easterly along the highway. The beaten track *130of such highway was on 'its right hand or southerly side, arid the. grade easterly was a' slight rise, so that a long distance ahead of her she could see coming over the top of the rise the automobile of the defendant, which he himself was driving, and 1 in which ' was his wife :and another lady riding with him. She, the plaintiff, had confidence in the steadiness of her horse and gayé the defendant no signal whatever. She claims that as he carné over the rise…
2Cases cited2 opinions
- People v. . HarrisNew York Court of Appeals · 1893
- Knight v. LanierAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
- Bliss v. Moore StoughtonSupreme Court of Vermont · 1941
- Leahy v. Gaylord & Eitapenc Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Parsons v. Crown Disposal Co.California Supreme Court · 1997