Legal Opinion · Dissent
John Simmons Co. v. Piercy & Co.
Appellate Terms of the Supreme Court of New York
Decided April 10, 1908Published
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the John Simmons Company against Piercy & Co., a corporation. Judgment for plaintiff, and defendant appeals. Judgment modified, and, as modified, affirmed.
1Dissent
DAYTON, J. (dissenting).
The respondent in his brief states:
“Its [defendant’s] only witness was the driver, O’Connor, whose testimony will be found at pages 80-99, stenographer’s minutes. His testimony was in direct conflict with that given by plaintiff’s driver.”
This statement is fully borne out by the record. A digest of Duffin’s evidence is that he saw defendant’s truck coming through Washington street at a pretty stiff trot. “He made a short turn, got round my pole, and his front wheel struck the horse on left-hand forward foot. I ran after him, and said: .‘You had better come back. You’ve…
2Cases cited6 opinions
- Losee v. MoreyNew York Supreme Court · 1865
- Raines v. TotmanNew York Supreme Court · 1882
- Lummis v. Van DykeAppellate Division of the Supreme Court of the State of New York · 1897
- McManus v. DavittAppellate Division of the Supreme Court of the State of New York · 1904
- In re WhittakerAppellate Division of the Supreme Court of the State of New York · 1901
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