Maloney v. . Kaplan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1921, affirming a judgment in favor of plaintiff entered upon a verdict. The sole proximate cause of the accident was the deliberate acts of third persons over whom the defendant had no control and the judgment against it has no foundation in law. (Lazarowitz v. Levy, 194 App. Div. 400; Frashella v. Taylor, 157 N. Y. Supp. 881; Berman v. Schultz, 40 Misc.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1921, affirming a judgment in favor of plaintiff entered upon a verdict. The sole proximate cause of the accident was the deliberate acts of third persons over whom the defendant had no control and the judgment against it has no foundation in law. (Lazarowitz v. Levy, 194 App. Div. 400; Frashella v. Taylor, 157 N. Y. Supp. 881; Berman v. Schultz, 40 Misc. Rep. 212; Sorrusco v. Hobson, 155 N. Y. Supp. 364; Keever v. Central Brewing Co., 150 N. Y. Supp. 986; Lee v. Van Buren &…
1Opinion of the CourtPound, J.
Plaintiff’s testator was killed by a runaway Ford delivery truck, owned by the appellant and found by the jury to be engaged in its business at the time of the accident. The truck was left unattended by the driver at the curb on an incline on Seventy-fifth street in New York city. It started down the grade, ran into a work shanty at the foot of the hill where deceased was working and crushed him. The burden was on the plaintiff to establish (1) that defendant was negligent, and- (2) that its negligence was a proximate cause of the accident.
Motor vehicles are commonly left standing in the…
2Cases cited8 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Deyo v. . HudsonNew York Court of Appeals · 1919
- Perry v. . Rochester Lime Co.New York Court of Appeals · 1916
- American Express Co. v. TerryCourt of Appeals of Maryland · 1915
- Donnelly v. H. C. & A. I. Piercy Contracting Co.New York Court of Appeals · 1918
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Ross v. HartmanCourt of Appeals for the D.C. Circuit · 1943
- Schaff v. R. W. Claxton, Inc.Court of Appeals for the D.C. Circuit · 1944
- Katz v. HelbingCalifornia Supreme Court · 1928
31 more not listed; retrieve them via the Exa API.