Adams v. Tozer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alvan Adams, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tioga on the 8th day of January, 1914, upon a dismissal of the complaint by direction of the court at the close of the case upon a trial before the court and a jury.
1Opinion of the Court
Lyon, J.:
This appeal is from a judgment entered upon a nonsuit granted at the close of the evidence. The action is to recover damages on account of personal injuries sustained by appellant by the overturning of respondent’s van upon the seat of which the appellant was riding at the invitation of the driver. The negligence charged was that the van furnished by the respondent was improperly. constructed, top-heavy and easily upset, and that the driver of the van carelessly cramped the wheel too short, overturning it. The defense was that the van was of proper construction and was hired solely…
2Cases cited9 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Lemasters v. Southern Pacific Co.California Supreme Court · 1900
- Patnode v. FooteAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by3 opinions
- Curran v. Earle C. Anthony, Inc.California Court of Appeal · 1926
- Royal Indemnity Co. v. Platt & Washburn Refining Co.Appellate Terms of the Supreme Court of New York · 1917
- Kane v. Sperry & Beale Co.Appellate Division of the Supreme Court of the State of New York · 1916