Wilson v. Wyckoff, Church & Partridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the .defendant, Wyckoff, Church & Partridge, from a judgment of the Supreme Court in favor'of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of November, 1908, upon the verdict of a-jury, and also-from an order entered in said clerk’s office on the 7th day of December, 1908, denying the. defendant’s motion for a new trial made upon" the minutes.
1Opinion of the Court
Scott, J.:
The question of defendant’s negligence was essentially one for the jury and was fairly submitted by the court. All the evidence upon the subject was that which was furnished by defendant’s employees, and may, therefore, be assumed to be as favorable to defendant as the truth would permit. It may be that the evidence did not convict the defendant’s doormen of negligence, but it does not follow that defendant showed proper diligence in devising and putting into effect methods which would more effectually prevent chauffeurs taking out motor cars impropdrly. Indeed, the whole defense is…
2Cited by2 opinions
- Henderson v. Park Central Motors Service, Inc.New York Supreme Court · 1930
- Smith v. Economical Garage, Inc.Appellate Terms of the Supreme Court of New York · 1919