Rose v. . Balfe
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 13, 1917, affirming ■ a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 13, 1917, affirming ■ a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to deny the motion for a direction of a verdict at the end of the whole case, as there was no evidence to sustain a finding that the driver of the car was at the time of the accident acting within the scope of his employment, or that his negligence can be imputed to the defendant. (Carlisle v. Norris,…
1Opinion of the CourtHogan, J.
About eight o’clock on the night of March 24th, 1914, plaintiff’s intestate was struck by an automobile owned by the defendant, which was at the time being driven by one Drenning, a chauffeur employed by defendant. The accident happened on Eastern parkway, Brooklyn, at or near the junction of the parkway and St. John’s place. The injuries received by the intestate resulted in his death.
Plaintiff recovered a verdict at the Trial Term and the judgment entered thereon was affirmed by the non-unanimous decision of the Appellate Division.
The complaint alleged that the defendant was the owner of an…
2Cases cited2 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Potts v. . PardeeNew York Court of Appeals · 1917
3Cited by31 opinions
- Rolfe v. . HewittNew York Court of Appeals · 1920
- Bradley v. S. L. Savidge, Inc.Washington Supreme Court · 1942
- Nelson v. Stutz Chicago Factory Branch, Inc.Illinois Supreme Court · 1930
- Hawthorne v. Eckerson Co.Court of Appeals for the Second Circuit · 1935
- Curry v. StevensonCourt of Appeals for the D.C. Circuit · 1928
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