O'Neill v. Ewert
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William O’Neill, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of March, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of March, 1918, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J.:
This is an appeal from a judgment entered in favor of the defendant and against the plaintiff in an action brought to recover for personal injuries.
The plaintiff, a man of the age of fifty years, and by trade a mason, was injured in the late afternoon of November 15, 1916, by being run down by an automobile owned and driven by the defendant near the corner of Fifty-second street and Second avenue in the city of New York.
The plaintiff testifies that about five o’clock on the afternoon of the accident he left his work on Fifty-ninth street and proceeded toward his home, which is…
2Cases cited2 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Lentsch v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by4 opinions
- Quillin v. ColquhounIdaho Supreme Court · 1926
- Reier v. HartSupreme Court of Minnesota · 1938
- Kupperberg v. American Druggists Syndicate, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
- Middendorf v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926