Legal Opinion · Dissent

Pangburn v. Buick Motor Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 27, 1912Published

Appeal by the defendant, Buick Motor Company, from that portion of a judgment of the Supreme Court in favor of plaintiff which is against the said defendant, entered in the office of the clerk of the county of Albany on the 13th day of -October, 1911, upon the verdict of a jury rendered after a trial at the Albany Trial Term.

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Appeal by the defendant, Buick Motor Company, from that portion of a judgment of the Supreme Court in favor of plaintiff which is against the said defendant, entered in the office of the clerk of the county of Albany on the 13th day of -October, 1911, upon the verdict of a jury rendered after a trial at the Albany Trial Term. Also, an appeal by the plaintiff, Alfred Panghurn, from that portion of the same judgment entered upon the verdict of a jury in favor of the defendant, Walter 1ST. Grounsell, dismissing the complaint as to said defendant, and from an order bearing date the 25th day of…

1Dissent

Kellogg, J. (dissenting):

The theory of the plaintiff’s case was, and the court charged, that the defendant Buick. Motor Company was not liable except *764for the negligence of G-rounsell. The verdict of the jury established that G-rounsell was not negligent. The judgment against appellant is contrary to the law of the case, and cannot stand. (People v. Munroe, 119 App. Div. 704; 190 N. Y. 435.) I favor reversal.

Judgment affirmed, with costs.

2Cases cited2 opinions

  1. People v. . MunroeNew York Court of Appeals · 1908
  2. People v. MunroeAppellate Division of the Supreme Court of the State of New York · 1907

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