Russell v. James Butler Grocery Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtO’Malley, J.
The judgment appealed from imports a finding of negligence on the part of the defendant in the care and operation of a hand push-cart Used by it for the delivery of groceries. The cart at the time it caused injury to the plaintiff was being used by the defendant’s employee, Curran, who left it for a period of ten minutes while he was engaged in making a delivery.
Plaintiff’s evidence was to the effect that the cart was on the sidewalk when it -came into collision with her. She saw no person near or in charge of it at the time, nor was she able to say what caused it to move.
Curran, called by…
2Cases cited4 opinions
- Maloney v. . KaplanNew York Court of Appeals · 1922
- Vincent v. Crandall & Godley Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Lazarowitz v. LevyAppellate Division of the Supreme Court of the State of New York · 1920
- Frashella v. TaylorAppellate Terms of the Supreme Court of New York · 1916
3Cited by3 opinions
- Heuchert v. State Industrial Accident CommissionOregon Supreme Court · 1942
- Russell v. James Butler Grocery Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Landberg v. Roxy Transportation Co.City of New York Municipal Court · 1959