Patnode v. Foote
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jewett J. Foote, from a judgment of the County Court of Franklin county in favor of the plaintiff, entered in the office of the clerk of said county on the 8th day of May, 1912, upon the verdict of a jury for $400, and also from an order entered in said clerk’s office on the 9th day of May, 1912, denying the defendant’s motion for a new trial made upon the minutes. '
1Opinion of the Court
Houghton, J.:
The action is to recover damages for personal injuries claimed to have been caused by defendant’s negligence.
The plaintiff had been subpoenaed by the defendant as a witness in an action to which he was a party, and there was evidence to warrant the jury in finding that the defendant invited the plaintiff to ride with him to the place of trial, in an open buggy drawn by one horse driven by himself. There was also evidence fully warranting the jury in finding that the defendant, drove at a reckless speed, against plaintiff’s protest, and that a collision with another wagon which…
2Cases cited7 opinions
- People v. . BloomNew York Court of Appeals · 1908
- Birch v. . City of New YorkNew York Court of Appeals · 1907
- Pigeon v. LaneSupreme Court of Connecticut · 1907
- Clifford v. Denver & Rio Grande RailroadNew York Court of Appeals · 1907
- Duhme v. . Hamburg-American Packet Co.New York Court of Appeals · 1906
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3Cited by33 opinions
- Jacobs v. JacobsSupreme Court of Louisiana · 1917
- Higgins v. MasonNew York Court of Appeals · 1930
- Tennessee Central Railroad v. VanhoyTennessee Supreme Court · 1920
- Cleary v. EckartWisconsin Supreme Court · 1926
- Greenfield v. MillerWisconsin Supreme Court · 1921
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