MacPherson v. Buick Motor Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Buick Motor Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 10th day of March, 1913, upon the verdict of a jury for $5,025, and also from an order entered in said clerk’s office on the 6th day of March, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
Upon the first trial of this case a nonsuit was granted. We reversed the judgment entered thereon in 153 Appellate Division, 474, holding, in substance, that there was a question of fact for the jury.
The plaintiff claimed that he and two others were riding in . the automobile, upon a good road, at a speed of about eight miles per hour, when the spokes in the left rear wheel broke and the wheel collapsed, the automobile went into the ditch and the plaintiff was thrown out and injured. The defendant claimed that the plaintiff was going at the rate of about thirty miles per hour when…
2Cases cited2 opinions
- Shannahan v. . Empire Engineering Corp.New York Court of Appeals · 1912
- Croghan v. Hedden Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by9 opinions
- Trans World Airlines, Inc. v. Curtiss-Wright Corp.New York Supreme Court · 1955
- Cadillac Motor Car Co. v. JohnsonCourt of Appeals for the Second Circuit · 1915
- Gorman v. Murphy Diesel Co.Superior Court of Delaware · 1942
- Samaha v. Southern Rambler Sales, Inc.Louisiana Court of Appeal · 1962
- Gordon v. Bates-Crumley Chevrolet Co.Louisiana Court of Appeal · 1935
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