Freibaum v. Beady
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James C. Brady, 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 26th day of April, 1910, upon the verdict of a jury for $5,000, rendered by direction of the court upon a special verdict, and also from an order entered in said clerk’s office on the 2d day of May, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
Plaintiff sustained personal injuries by a motor car owned by the defendant running into him, and brought this action to recover therefor on'the theory that the defendant was responsible for the chauffeur’s negligence. He had a recovery, and defendant' appeals.
The facts established at the trial are sufficient to sustain the finding of the jury that the plaintiff was free from negligence, and that his injuries were caused solely by the negligence of the chauffeur, but something more than this had to be established before defendant could be held liable. He could not be made…
2Cases cited4 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Cunningham v. CastleAppellate Division of the Supreme Court of the State of New York · 1908
- Casey v. Davis & Furber Machine Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- McNeal v. McKainSupreme Court of Oklahoma · 1912
- Scheel v. ShawSuperior Court of Pennsylvania · 1915
- Cowell v. SaperstonAppellate Division of the Supreme Court of the State of New York · 1912
- McHarg v. AdtAppellate Division of the Supreme Court of the State of New York · 1914
- Towers v. ErringtonNew York Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.