Legal Opinion

Wheatley v. Boyce

City of New York Municipal Court

Decided October 13, 1937PublishedCited by 2 opinions

1Opinion of the CourtTompkins, J.

The defendants, driving their respective cars in opposite directions on University avenue, collided at the intersection of Goodman street. The plaintiff was a passenger in the defendant Rolde’s car.

The defendant Rolde’s motion for nonsuit was denied. He then rested without calling any witness and renewed his motion, upon which decision was reserved. Rolde then withdrew from the case and took no part in the remainder of the trial. Additional testimony was given by his codefendant, Boyce, which was materially different from that of the plaintiff.

The defendant Rolde, having withdrawn from the…

2Cases cited3 opinions

  1. Ward v. Iroquois Gas Corp.New York Court of Appeals · 1932
  2. Bopp v. New York Electric Vehicle Transportation Co.New York Court of Appeals · 1903
  3. Thomas v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1918

3Cited by2 opinions

  1. Simon v. LowenthalCity of New York Municipal Court · 1938
  2. H. G. Fischer & Co. v. Lincoln Rochester Trust Co.Rochester City Court · 1949

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