Legal Opinion

Miller v. Gonzalez

City of New York Municipal Court

Decided November 23, 1956Published

1Opinion of the CourtCharles A. Loreto, J.

The following briefly are the facts of this automobile negligence case. While the plaintiff Fannie Miller was seated on her front porch, her hand was struck and injured by a piece of glass of a Pepsi Cola bottle. She testified that she saw the bottle about four feet from the curb in the roadway in an open space between two cars parked against the curb on her side of the street; that the defendant intending to park his vehicle in that free space backed into it slowly and that he continued to back up after she heard a loud noise, presumably the cracking of the bottle when struck by a wheel, and…

2Cases cited11 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
  3. Sweet v. . PerkinsNew York Court of Appeals · 1909
  4. Imbrey v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1941
  5. Payne v. City of New YorkNew York Court of Appeals · 1938

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