Muhs v. Fire Insurance Salvage Corps
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fire Insurance Salvage Corps of Brooklyn, Long Island, from a judgment of the Supreme Court in favor of the plaintiff, éntered in the office of the clerk of the county of Kings on'the 24th day of February, 1903, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 24th day of February, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hibschbebo, J.:
Like many, if not most, of the actions brought to recover damages for personal injuries resulting from negligence, this case presents two irreconcilably' conflicting stories.
The plaintiff, a police officer, on duty at the time at the corner of W ashi’ngton street and Myrtle avenue in the borough of Brooklyn, was knocked down, run over and injured at seven o’clock in the evening of August 13,1901, by a fire patrol wagon of the defendant on its way to a fire. According to his version of the occurrence a lady was standing with a little child on the crosswalk, apparently dazed by…
2Cases cited3 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Williams v. United States Mut. Acc. Ass'nNew York Supreme Court · 1894
- Hirschman v. Dry-Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by10 opinions
- Ellmaker v. Goodyear Tire & Rubber CompanyMissouri Court of Appeals · 1963
- City of Birmingham v. LathamSupreme Court of Alabama · 1935
- Degregorio v. MalloySupreme Court of Pennsylvania · 1946
- Hollaran v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
- Warshauer v. Lloyd Sabaudo S. A.Court of Appeals for the Second Circuit · 1934
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