Naffky v. Yosovitz
New York Court of Appeals
There was no evidence of negligence on the part of the defendant. (Hammond v. Hammond, 227 App. Div. 336; Demjanik v. Kultau, 242 App. Div. 255; Burkes v. Lieberman, 218 App. Div. 600; 245 N. Y. 579; Brianzi v. Crane Co., 196 App. Div. 58; White v. Lehigh Valley R. R. Co., 220 N. Y. 131; Wicks v. Cowperthwait Co., 203 App. Div. 705; Ruppert v. Brooklyn Heights R. R. Co., 154 N. Y. 90.) There was ample evidence of negligence. (Bennett v. Edward, 239 App.
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There was no evidence of negligence on the part of the defendant. (Hammond v. Hammond, 227 App. Div. 336; Demjanik v. Kultau, 242 App. Div. 255; Burkes v. Lieberman, 218 App. Div. 600; 245 N. Y. 579; Brianzi v. Crane Co., 196 App. Div. 58; White v. Lehigh Valley R. R. Co., 220 N. Y. 131; Wicks v. Cowperthwait Co., 203 App. Div. 705; Ruppert v. Brooklyn Heights R. R. Co., 154 N. Y. 90.) There was ample evidence of negligence. (Bennett v. Edward, 239 App. Div. 157; Bolton v. Madsen, 205 App. Div. 180; Clark v. Traver, 205 App. Div. 206.)
1Opinion of the Court
Crane, Ch, J.
While the plaintiff was riding on a farm produce truck in the village of West Falls, township of East Aurora, New York, he was thrown out and injured. This action has been brought against the owner, driver of the farm wagon, claiming that he negligently drove over a bump in the road.
The facts are peculiar, in that the roadway was seen to crack and rise at or about the time the defendant was coming along. Lawrence Rehle, an employee of the State in the maintenance of the State highways, testified that there had been other blow-outs on this piece of road at West Falls. The road was…
2Cited by1 opinion
- Rowlands v. ParksNew York Court of Appeals · 1956