Clarke v. Woop
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Woop, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 18th day of June, 1913, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 16th day of June, 1913, .denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
In Croton avenue in the village of Ossining the plaintiff’s son, twelve years old, riding a bicycle to the west, came to collision with defendant’s motor car- traveling to the east, and was killed. The plaintiff complained of negligent driving, and gained the verdict. I advise that the judgment and order be reversed and that a new trial be granted, costs to abide the event.
A cyclist is subject to the general rule of the road (S. & R. Neg. [6th ed. Street], § 653) and the movement of a motor car is governed generally by rules applicable to other vehicles. (Mark v. Fritsch, 195 N.…
2Cases cited2 opinions
- Mark v. . FritschNew York Court of Appeals · 1909
- O'Maley v. DornWisconsin Supreme Court · 1859
3Cited by8 opinions
- Tedla v. EllmanNew York Court of Appeals · 1939
- Morrow v. Southeastern Stages Inc.Court of Appeals of Georgia · 1942
- Weinstein v. WheelerOregon Supreme Court · 1930
- Hartley v. BergOregon Supreme Court · 1933
- Goodson v. Schuster's Wholesale Produce Co.Louisiana Court of Appeal · 1929
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