Manion v. Sanatorium
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Loomis Sanatorium, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Sullivan on the 18th day of June, 1913, upon the verdict of a jury for $200.15, and also from an order entered in said clerk’s office on the 18th day of July, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Lyon, J.:
The only serious' question involved in this appeal is whether the finding by the jury that the plaintiff was free from contributory negligence was against the weight of evidence. On the afternoon of June 30, 1910, the plaintiff was driving a heavy thirty to thirty-five horse power Darracq car in which were seated five other persons, from Liberty on his way westerly to White Sulphur Springs, Sullivan county, N. Y. Soon after leaving Liberty and while plaintiff was passing westerly along a public highway, defendant’s team, driven by defendant’s servant, attached to a heavy lumber…
2Cited by2 opinions
- Books v. GoldsteinCity of New York Municipal Court · 1936
- Mitchell v. Vande, New York County Courts1936