Legal Opinion

Keber v. Central Brewing Co.

Appellate Terms of the Supreme Court of New York

Decided January 7, 1915PublishedCited by 3 opinions

Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Peter Keber against the Central Brewing Company of New York. From a judgment of the Municipal Court for plaintiff,. defendant appeals. Reversed, and new trial ordered.

1Opinion of the CourtLehman, J.

The plaintiff has recovered a judgment for damages caused to the stoop of his house by an automobile truck owned by the defendant. The plaintiff produced several witnesses who testified that the defendant’s truck, loaded with beer kegs, came down the street, which is a somewhat steep incline, and ran over the sidewalk into plaintiff’s stoop. No chauffeur was upon the truck at the time of the accident.

[ 1 ] There is no dispute as to these facts, and the 'plaintiff contends that they are sufficient to establish a prima facie case of negligence against the defendant. In considering whether these…

2Cases cited2 opinions

  1. Vincent v. Crandall & Godley Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Keenan v. McAdams & Cartwright Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by3 opinions

  1. Buzzello v. SramekNebraska Supreme Court · 1923
  2. Frashella v. TaylorAppellate Terms of the Supreme Court of New York · 1916
  3. Saroodis v. Liberty Motor Freight Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1942

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