Caesar v. Fifth Avenue Coach Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the City Court of the city of Hew York, rendered for the plaintiff at Trial Term, upon a verdict in' his favor. Appeal also from an order denying defendant’s motion for a new trial. Action to recover for personal injuries sustained by the plaintiff in a collision with the defendant’s automobile in charge of its servant at the time.
1Opinion of the CourtBischoff, J.
The action was to recover for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant’s servant in the management and control of its automobile which was caused' to collide with the plaintiff, a conductor in the employ of the Metropolitan Street Railway Company, just as he had stepped off his car to the street, or was in the act of doing so. That the plaintiff met with the collision complained of, and that he sustained some degree of injury therefrom, are facta beyond the preadventure of dispute, the difference between the litigants having…
2Cited by3 opinions
- Deputy v. KimmellWest Virginia Supreme Court · 1914
- Barbour v. SheborSupreme Court of Alabama · 1912
- Gerhard v. Ford Motor Co.Michigan Supreme Court · 1909