Lutes v. Town of Warwick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Town of Warwick, from a judgment of the Supreme Court in favor of the plaintiff’s intestate, entered in the office of the clerk of the county of Orange on the 10th day of May, 1910, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 6th day of October, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
Defendant appeals from a judgment recovered by Calvin C. Lutes for personal injuries, and from an order denying a motion for a new trial. After the entry of judgment the said Calvin 0. Lutes died intestate, and the action was revived and continued in the name of plaintiff as his administrator. On August 11, 1901,- plaintiff’s intestate was riding over a road within the boundaries of the town of Warwick, known as the Kimbers Point road. ■ He occupied the left-hand side of the third or rear seat of a canopy-top wagon. In the course of *810the ride something came in contact with his right…
2Cases cited4 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
- Quinn v. Town of SemproniusAppellate Division of the Supreme Court of the State of New York · 1898
- Thrall v. Cuba VillageAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- State v. MossOregon Supreme Court · 1919
- Brothers v. Town of LeonAppellate Division of the Supreme Court of the State of New York · 1921