Miner v. Rembt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Christopher Rembt, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of October, 1916, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 28th day of March, 1917, denying defendant’s motion for a new trial made on the ground of newly-discovered evidence.
Read the full summary
Appeal by the defendant, Christopher Rembt, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of October, 1916, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 28th day of March, 1917, denying defendant’s motion for a new trial made on the ground of newly-discovered evidence. On December 28, 1914, the date of this casualty, plaintiff was a motorcycle police officer, engaged in enforcing speed regulations in the borough of Queens. It was about ten-thirty…
1Opinion of the Court
Putnam, J.:
The plaintiff’s proposition comes to this: That in pursuit of a speeding car, this motorcycle can run at night at a speed of thirty-five miles an hour, and strike a converging truck at an acute angle from behind, and recover damages for such resulting injury. The warning rests wholly on the cyclist’s horn, given sideways to a track on a converging street, where a board fence eleven feet six inches high shuts off the plaintiff until the cycle is 100 feet off the track’s path.
No private motorcyclist could make such a claim. But motorcyclist officers assert an immunity under city…
2Cited by5 opinions
- Clark v. WilsonWashington Supreme Court · 1919
- Smith v. Town of OrangetownCourt of Appeals for the Second Circuit · 1945
- Fink v. City of New YorkNew York Supreme Court · 1954
- Christie v. MitchellAppellate Division of the Supreme Court of the State of New York · 1960
- Miner v. RembtAppellate Division of the Supreme Court of the State of New York · 1917