Legal Opinion

Gartner v. Goodman

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1922PublishedCited by 5 opinions

Appeal by the plaintiff, Frank Gartner, from a judgment of the Supreme Court in favor of the defendant Jacob Koslowski, entered in the office of the clerk of the county of Saratoga on the 23d day of June, 1921, upon the dismissal of the complaint by direction of the court at the close of the case, and also from an order entered in said clerk’s office on the same day, setting aside the verdict of a jury for $200.

1Opinion of the Court

Van Kirk, J.:

The action was brought to recover damage done to plaintiff’s automobile, which he was driving from Ballston towards Schenectady, and which collided with an automobile truck, owned by the respondent, which was standing at the side of the State road and had not the lights required by statute. (See Highway Law,§ 286, subd. 2, added as subd. 1 by Laws of 1910, chap. 374, as renum. and amd. by Laws of 1918, chap. 540; since amd. by Laws of 1921, chap. 580.) The collision occurred about seven-thirty in the evening of October 27, 1920.' After an examination of the record we are…

2Cases cited6 opinions

  1. Paltey v. . EganNew York Court of Appeals · 1910
  2. Bail v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1911
  3. Purchase v. . MattesonNew York Court of Appeals · 1862
  4. Dochtermann Van & Express Co. v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1913
  5. Niemoller v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1901

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Merriman v. Coca Cola Bottling Co.Court of Appeals of Tennessee · 1933
  2. Mysliwiec v. W. Lowenthal Co.Appellate Division of the Supreme Court of the State of New York · 1952
  3. Skelley v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1937
  4. Northeastern Paper Co. v. Concord Paper Co.Appellate Division of the Supreme Court of the State of New York · 1925
  5. Merriman v. Coca Cola Bottling Co.Court of Appeals of Tennessee · 1933

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