Legal Opinion

Altenkirch v. National Biscuit Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1908PublishedCited by 4 opinions

Appeal by- the defendant, the National Biscuit Company, 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 1st day of November, 1907, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 30th day of October, 1907, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Rich, J.:

On the morning of August 4, 1906, the plaintiff, accompanied by her thirteen-year-old son, drove in a light, one-seated, one-horse, open buggy, alongside the curb in front of a store where she intended making some purchases. There were no other vehicles in that vicinity at the time, and there was nothing to prevent the plaintiff’s horse and buggy being distinctly seen for a long distance from either direction. While the plaintiff was giving an order two heavily loaded trucks owned by the defendant and driven by its employees approached the place where plaintiff’s carriage was…

2Cases cited1 opinion

  1. Austin v. . the New Jersey Steamboat Co.New York Court of Appeals · 1870

3Cited by4 opinions

  1. Bruening v. MillerSouth Dakota Supreme Court · 1930
  2. Rivisto v. HellerAppellate Division of the Supreme Court of the State of New York · 1938
  3. Hackett v. Alamito Sanitary Dairy Co.Nebraska Supreme Court · 1911
  4. Meyer v. WhisnantNew York Court of Appeals · 1954

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