Marks v. Stolts
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles E. Marks, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 26th day of June, 1914, vacating and setting aside the verdict of a jury in his favor for the sum of $7,500.
1Dissent
Hotchkiss, J. (dissenting):
Plaintiff had for some seven months before the accident been employed by defendant as a chauffeur on automobile trucks. The truck which caused the accident had been owned by defendant for some six or seven weeks and had been driven by plaintiff for some two or three weeks. It was fitted with an emergency brake which when set automatically detached the clutch from the driving gear and so released it from the power generated by the engine. When set. the emergency brake was held in place by a dog or short piece of steel attached to the *466handle of the brake lever. This…
2Cases cited4 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- McCarragher v. . RogersNew York Court of Appeals · 1890
- Gurski v. DoscherAppellate Division of the Supreme Court of the State of New York · 1906
- Havholm v. Whale Creek Iron WorksAppellate Division of the Supreme Court of the State of New York · 1914