Atkinson v. Oelsner
New York Supreme Court
Appeal from circuit court, New York county, Action by William D. Atkinson against Rudolph Oelsner. Judgment was entered on a verdict for plaintiff, and an order was entered denying a motion for a new trial, and defendant appeals.
1Opinion of the CourtBartlett, J.
This case has been submitted without oral argument. The only point urged in behalf of the appellant is that a verdict should have been directed in his favor on the ground that there was no evidence that his servant had been negligent in driving the wagon by which the plaintiff was injured. The proof as to the circumstances of the accident was quite meager, but I think it was sufficient, in the absence of any explanation on the part of the defendant, to warrant the inference of negligence. On the afternoon of September 23, 1886, while the plaintiff was crossing Forsyth street, at the…
2Cited by3 opinions
- Elze v. BaumannThe Superior Court of the City of New York and Buffalo · 1893
- Thomson v. SeamanAppellate Division of the Supreme Court of the State of New York · 1901
- Elze v. BaumannThe Superior Court of New York City · 1893