Legal Opinion

Bohringer v. Campbell

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

Decided September 15, 1912PublishedCited by 5 opinions

Appeal 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 30th day of October, 1911, upon the verdict of a jury for $4,000, and also from an order entered on the 4th day of November, 1911, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal 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 30th day of October, 1911, upon the verdict of a jury for $4,000, and also from an order entered on the 4th day of November, 1911, denying the defendant’s motion for a new trial made upon the minutes. This is an action to recover for the death of plaintiff’s intestate, alleged to have been caused by the negligence of defendant’s chauffeur in operating an automobile owned by defendant and in which he was riding.

1Opinion of the Court

Rich, J.:

At the time of the accident the deceased was between nine and ten years of age. . On the afternoon of May 27,1910, with one or more playmates, he was playing ball in Washington street in the village of Peekskill, about twenty or twenty-five feet north of the north crossing of Hudson avenue, which avenue crosses Washington street at right angles. The defendant’s automobile approached from the north at a speed of from fifteen to eighteen miles an hour. There was no other travel in the street, and the children were seen by the occupants of the automobile before the Hudson avenue…

2Cases cited2 opinions

  1. Hintze v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
  2. Seaman v. MottAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by5 opinions

  1. Cavendish v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1924
  2. Hauff & Stormo v. South Dakota Central Railway Co.South Dakota Supreme Court · 1914
  3. McCotter Transport Co. v. HallSupreme Court of Delaware · 1959
  4. Bohringer v. CampbellAppellate Division of the Supreme Court of the State of New York · 1913
  5. Bohringer v. CampbellAppellate Division of the Supreme Court of the State of New York · 1912

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