Berman v. Schultz
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by David Berman and another against Carl H. Schultz. From a Municipal Court judgment in favor of plaintiffs, defendant appeals. Reversed.
1Opinion of the CourtGildersleeve, J.
The action is for injuries to personal property. Plaintiffs’ horse "and wagon were left standing at the southeast corner of Ninety-Eighth street and Third avenue. The defendant’s automobile was left unattended in front of No. 114 East Ninety-Eighth street while the operator went in the building to deliver mineral water. The operator, an experienced chaffeur, testified that before going away from his machine he threw off the current, put on the brake, and threw off the switch, so that the machine could not start of itself. It appears from the testimony that some boys, during the absence of the…
2Cases cited4 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Mars v. President of DelawareNew York Supreme Court · 1889
- Berman v. SchultzAppellate Terms of the Supreme Court of New York · 1903
- Thompson v. PlathAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- Lewis v. AmorousCourt of Appeals of Georgia · 1907
- Jones v. HogeWashington Supreme Court · 1907
- Kennedy v. HedbergSupreme Court of Minnesota · 1924
- Oberg v. BergWashington Supreme Court · 1916
- Lazarowitz v. LevyAppellate Division of the Supreme Court of the State of New York · 1920