Mark v. . Fritsch
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 18, 1908, affirming a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial. 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 fourth judicial department, entered May 18, 1908, affirming a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to charge the request of the plaintiff “ that there was no legal duty on the part of the plaintiff to stop his machine so as to enable the defendants to pass.” (Austin y. N. J. S. Co., 43 N. Y. 75; The Charles Morgan, 6 Fed. Rep. 913;…
1Opinion of the CourtHiscock, J.
The plaintiff and defendants were traveling in the same direction on a country' highway in two automobiles, the former being in front. Evidently the dust raised by the front car made it uncomfortable for whoever was in the rear, and the defendants apparently had the faster car and desired to pass. At least once and perhaps three times before the occurrence of the trouble complained of defendants asked the plaintiff to allow them to pass and finally they attempted to do this. In the doing of it, according to the defendants, plaintiff unnecessarily and intentionally crowded in towards them on…
2Cases cited1 opinion
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
3Cited by19 opinions
- Ward v. . ClarkNew York Court of Appeals · 1921
- Reader v. OttisSupreme Court of Minnesota · 1920
- Government Street Lumber Co. v. OllingerAlabama Court of Appeals · 1922
- Fitts v. MarquisSupreme Judicial Court of Maine · 1928
- Swinkels v. Wisconsin Michigan Power Co.Wisconsin Supreme Court · 1936
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