Wagner v. H. Clausen & Son Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, H. Clausen & Son Brewing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of December, 1910, upon the verdict of a jury for $5,000, which was reduced by stipulation to .$3,000, and also from an order entered in said clerk’s office on the 23d day of December, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
Plaintiff’s intestate while crossing One Hundred and Thirty-fifth street, going south, on the easterly side of Third avenue,' in the borough of the Bronx, on November 26, 1907, was run down by a brewery wagon belonging to the defepdant, in charge of one of its drivers. One of the front wheels of the wagon passed over decedent’s left leg, crushing it so severely that it had to be amputated. He died on the twenty-ninth.
Questions of fact, both as to the negligence of the defendant and the want of contributory negligence of decedent, were presented by the evidence which required…
2Cases cited5 opinions
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Manhattan Life Insurance v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1893
- Burns v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Donnelly v. Younglove Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- National Bank of Rondout v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Potter v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Hobbs v. Great Northern Railway Co.Washington Supreme Court · 1914
- Liddie v. StateNew York Court of Claims · 1947
- Page v. HirschAppellate Division of the Supreme Court of the State of New York · 1924