Piper v. New York State Railways
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, New York State Railways and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 11th day of July, 1916, .upon the verdict of a jury for $3,200, and also from an order entered in said clerk’s office on the 13th day of July, 1916, denying defendants’ motion for a new trial made upon the minutes.
1Dissent
Kruse, P. J. (dissenting):
If the driver of the motor bus and the motorman of the street car were jointly engaged in racing, running their respec*189tive conveyances in a negligent manner, resulting in the motor bus colliding with a telegraph pole and the plaintiff, a passenger in the motor bus, was injured thereby, I think the railroad company as well as the owners of the motor bus are hable to the plaintiff, although the street car did not come in actual contact with the motor bus. (De Carvalho v. Brunner, 223 N. Y. 284.)
But there is no such allegation in the complaint, nor any other allegation…
2Cases cited9 opinions
- De Carvalho v. . BrunnerNew York Court of Appeals · 1918
- Story v. . the New-York and Harlem Railroad Co.New York Court of Appeals · 1851
- Altman v. . HofellerNew York Court of Appeals · 1897
- Draper v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Farrell v. CalkinsNew York Supreme Court · 1851
4 more not listed; retrieve them via the Exa API.