Braxton v. Mendelson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin S. Mendelson, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of February, 1919, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 17th day of February, 1919, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Dowling, J.:
This action was brought to recover damages for the death of plaintiff’s intestate, who was run over by a motor truck on October 3, 1917, in Lenox avenue near One Hundred and Thirty-fifth street, in the city of New York. There was a fair question of fact for the jury both as to the negligence of the chauffeur who was driving the truck and as to the intestate’s freedom from contributory negligence, and the verdict resolving both these questions in favor of plaintiff was warranted by the evidence.
The main question involved in this appeal, however, is whether the chauffeur at the time…
2Cases cited1 opinion
- McNamara v. . LeipzigNew York Court of Appeals · 1919
3Cited by4 opinions
- Bowen v. Gradison Construction CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
- Busch v. Seaboard By-Product Coke Co.Supreme Court of New Jersey · 1924
- Cattini v. American Railway Express Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Charles v. BarrettAppellate Division of the Supreme Court of the State of New York · 1921