McNamara v. Leipzig
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Abraham Leipzig, from a judgment of the Supreme Court in favor of the plaintiff, enteréd in the office of the clerk of the county of New York on the 28th day of March, 1917, upon the verdict of a jury for $7,500, later reduced by consent to $2,500, and also from an order entered in said clerk’s office on the 3d day of April, 1917, denying appellant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Shearn, J.:
This action was brought to recover damages for the death of plaintiff’s intestate, a boy eight years old, who was struck and killed through the negligence of the chauffeur of an automobile in which the defendant Leipzig was riding. The main controversy is concerning the liability of the defendant for the negligence of the chauffeur. The defendant did not own the automobile, but had hired it and the services of the chauffeur from the Concord Garage Company for a period of three months under a written contract. The contract, after reciting that the defendant “ is desirous of hiring…
2Cases cited5 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Hartell v. T. H. Simonson & Son Co.New York Court of Appeals · 1916
- Howard v. . LudwigNew York Court of Appeals · 1902
3Cited by4 opinions
- Sargent Paint Co. v. PetrovitzkyIndiana Court of Appeals · 1919
- Carr v. BurkeAppellate Division of the Supreme Court of the State of New York · 1918
- De Perri v. Motor Haulage Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Baum v. LinkAppellate Terms of the Supreme Court of New York · 1920