Carroll v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of Yonkers, from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 6th day of April, 1920, denying defendant’s motion to set aside the verdict of a jury in favor of the plaintiff for the sum of $25,000 (reduced by stipulation to $20,000), and for a new trial made upon the minutes.
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Appeal by the defendant, the City of Yonkers, from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 6th day of April, 1920, denying defendant’s motion to set aside the verdict of a jury in favor of the plaintiff for the sum of $25,000 (reduced by stipulation to $20,000), and for a new trial made upon the minutes. No appeal was taken from the judgment herein which was entered in the office of the clerk of the county of Westchester on the 27th day of February, 1920.
1Opinion of the Court
Jenks, P. J.:
The action is for negligence whereby the motor car of the defendant was overturned and the plaintiff’s intestate, a passenger therein, was killed. The contention of plaintiff is confined to defects in the steering apparatus, which she asserts could have been detected by proper inspection. The contention involves the proposition that such inspection would have shown the necessity of the application of a lubricant to prevent the defect. The learned court charged that the obligation of the defendant was reasonable care, which involved reasonable inspection to determine whether the…
2Cases cited11 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
- West v. PoorMassachusetts Supreme Judicial Court · 1907
- Smith v. . City of RochesterNew York Court of Appeals · 1879
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3Cited by5 opinions
- Marple v. HaddadWest Virginia Supreme Court · 1927
- Albers v. Shell CompanyCalifornia Court of Appeal · 1930
- White v. PinneyUtah Supreme Court · 1940
- Petteys v. LeithSouth Dakota Supreme Court · 1933
- Carroll v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1920