Legal Opinion

Stewart v. Baruch

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

Decided April 20, 1905PublishedCited by 20 opinions

Appeal from Trial Term, New York County. Action by James S. Stewart against Bernard M. Baruch. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed.

1Opinion of the CourtRaughrin, J.

Shortly before 6 o’clock in the evening on the l'6th day of November, 1901, the plaintiff, while crossing Eighth avenue along the southerly cross-walk of Forty-Second street, was struck and injured by the defendant’s automobile, which was going northerly on Eighth avenue; inflicting injuries, to recover for which this action is brought. The automobile was in charge of the defendant’s chauffeur, who was employed by the week. The plaintiff testified, in substance, that as he was leaving the easterly sidewalk of Eighth avenue he looked up and down to see if the way was clear; that he saw a wagon…

2Cited by20 opinions

  1. Fielder v. DavisonSupreme Court of Georgia · 1913
  2. Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
  3. Lewis v. AmorousCourt of Appeals of Georgia · 1907
  4. Jones v. HogeWashington Supreme Court · 1907
  5. Blair v. BroadwaterCourt of Appeals of Virginia · 1917

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