Legal Opinion · Dissent

Venuta v. New York, Westchester & Connecticut Traction Co.

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

Decided November 13, 1903Published

Appeal from Trial Term, Westchester County. Action by Antonio Venuta against the New York, Westchester & Connecticut Traction Company and another. From a judgment for defendants and from an order denying a new trial, plaintiff appeals. Reversed.

1Dissent

WOODWARD, J. (dissenting).

The plaintiff seeks to recover damages for personal injuries conceded to have been sustained by him in a collision between a wagon driven by the son of the defendant George Underhill and a car operated by the defendant railroad company’s servants, the plaintiff being an employe of the defendant Underhill, and engaged in assisting in delivering a load of straw in the city of Mt. Vernon. The straw had been delivered, and the plaintiff and Benjamin F. Underhill were on their way home; Underhill driving the team, and the plaintiff sitting on the edge of the hay rack,…

2Cases cited4 opinions

  1. Meenagh v. BuckmasterAppellate Division of the Supreme Court of the State of New York · 1898
  2. Corn Exchange Bank v. American Dock & Trust Co.New York Court of Appeals · 1896
  3. Bergold v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  4. Kleiner v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899

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