Hume v. Elder
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Donald H. Elder and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 28th day of December, 1916, upon the verdict of a jury for SI,000, and also from an order entered in said clerk’s office on the 5th day of March, 1917, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The plaintiff, driving a truck in a street, was told that he had dropped a pail carried underneath his truck. He turned *653to see a man pick up the pail and get upon an ice wagon. The plaintiff soon stopped his track, alighted therefrom, waited until the ice wagon came up, stopped it, walked up to it and asked its driver for the pail. The driver told, the plaintiff to take the pail. At that time the plaintiff stood between the flank of one of the team of the ice wagon and the whiffletree of that wagon. He reached out his left arm, took hold of the pail, and as he was about to turn…
2Cases cited3 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Meehan v. MorewoodNew York Supreme Court · 1889
- Froomkin v. Brooklyn Daily Eagle Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Wood v. SaundersAppellate Division of the Supreme Court of the State of New York · 1930
- Kalyvakis v. the TSS OlympiaDistrict Court, S.D. New York · 1960
- Hall v. SmathersAppellate Division of the Supreme Court of the State of New York · 1924