Dettmar v. Burns Bros.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, sixth district, awarding plaintiff the sum of $180.50, and costs, for damages alleged to have been caused by the negligence of the defendant in carelessly allowing their coal truck to collide with plaintiff’s automobile.
1Opinion of the CourtKelby, J.
The defendant rested its case on the plaintiff’s case. The evidence adduced on the trial made out a prima facie case of negligence of the defendant, and the question of liability was properly passed upon by the court below.
The damages awarded plaintiff were $80.50, the reasonable value of the necessary repairs made to plaintiff’s automobile, and, in addition, the sum of $100, damages awarded to the plaintiff for being deprived of the use of his automobile for ten days, the period of repair.
The appellant contends that the award of the $100 item of damage is improper and that it should be…
2Cases cited9 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Cook v. Packard Motor Car Co.Supreme Court of Connecticut · 1914
- Wellman v. MinerAppellate Terms of the Supreme Court of New York · 1897
- Moore v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Naughton Mulgrew Motor Car Co. v. Westchester Fish Co.Appellate Terms of the Supreme Court of New York · 1919
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