Cunningham v. . Dady
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 23, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of res ipsa loguitur does not apply to the facts or circumstances of this case.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 23, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of res ipsa loguitur does not apply to the facts or circumstances of this case. (Duhme v. H. A. P. Co., 184 N. Y. 404; Del Senjore v. Hallinan, 153 N. Y. 278; Griffin v. Manice, 74 App. Div. 371; 174 N. Y. 505; Cosulich v. S. O. Co., 122 N. Y. 118;…
1Opinion of the CourtHaight, J.
This action was brought against the appellant Dady and the city of 17ew York to recover compensation for damages alleged to have been sustained by the plaintiff while crossing Boerum place in the borough of Brooklyn in the forenoon on the 22d day of September, 1904.
The evidence presented on behalf of the plaintiff tended to show that the plaintiff had approached the southwest corner of Livingston street and Boerum place, and had started to cross Boerum place; that he had taken one step, two or three feet from the curb, and stopped while an automobile passed. At that instant one of the Belgian…
2Cases cited6 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Hogan v. Manhattan Railway Co.New York Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Gordon v. Muehling Packing Co.Supreme Court of Missouri · 1931
- Treadwell v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1920
- Lorenzo v. FaillaceAppellate Division of the Supreme Court of the State of New York · 1909
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