Group v. Szenher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohn, J.
Upon all the evidence the jury had the right to find that defendant was negligent in failing to give plaintiff the right of way at the crosswalk and that the accident occurred solely by reason of the negligence of defendant and without any negligence on the part of plaintiff contributing thereto.
It is claimed that the court erred in charging the jury upon request of plaintiff’s counsel that, “ since the defendant has failed to call his two daughters who were in the car at the time of the accident and their absence at this trial is unexplained, the jury is *309permitted to consider that, if…
2Cases cited6 opinions
- Galbraith v. BuschNew York Court of Appeals · 1935
- Milio v. Railway Motor Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
- Sugarman v. BrengelAppellate Division of the Supreme Court of the State of New York · 1902
- Kirkpatrick v. Allemannia Fire Insurance Co. of PittsburghAppellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ausch v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1962
- Laffin v. RyanAppellate Division of the Supreme Court of the State of New York · 1957
- People v. DillardAppellate Division of the Supreme Court of the State of New York · 1983
- Flamm v. NobleAppellate Division of the Supreme Court of the State of New York · 1949
7 more not listed; retrieve them via the Exa API.