Carr v. Burke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michael Burke, from a judgment of the County Court of Kings county, entered in the office of the clerk of said county on the 24th.day of November, 1917, upon the verdict of a jury for $125, and also from an order entered in said clerk’s office on the 3d day of December, 1917, denying defendant’s motion for a new trial made upon the minutes. The defendant is engaged in the trucking business, owning trucks and horses and employing men to operate them.
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Appeal by the defendant, Michael Burke, from a judgment of the County Court of Kings county, entered in the office of the clerk of said county on the 24th.day of November, 1917, upon the verdict of a jury for $125, and also from an order entered in said clerk’s office on the 3d day of December, 1917, denying defendant’s motion for a new trial made upon the minutes. The defendant is engaged in the trucking business, owning trucks and horses and employing men to operate them. One Bowman was his employee. The'night before the accident the defendant was called to the telephone by the Merchants’…
1Opinion of the Court
Rich, J.:
When the plaintiff rested his case, and again at the close of the evidence, the defendant moved to dismiss the complaint upon the ground, among others, that the plaintiff had failed to prove that the vehicle colliding with the cart driven by him was in control of the defendant at the time of the accident, and that the uncontradicted evidence established that such vehicle, together with the horses drawing it and its driver, was then under the control of the Merchants’ Rapid Service Company. The motion was denied and the defendant excepted to such ruling, which it is now contended…
2Cases cited6 opinions
- 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
- Schmedes v. DeffaaAppellate Division of the Supreme Court of the State of New York · 1912
- Schmedes v. . DeffaaNew York Court of Appeals · 1915
- Vasligato v. Yellow Pine Co.Appellate Division of the Supreme Court of the State of New York · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bowen v. Gradison Construction CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
- City of Tulsa v. RandallSupreme Court of Oklahoma · 1935
- Isaacs v. Prince & WildsMississippi Supreme Court · 1923
- Beasley v. WhitehurstSupreme Court of Virginia · 1929
- Auchincloss v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1919
2 more not listed; retrieve them via the Exa API.