Legal Opinion
Perry v. Fox
Appellate Terms of the Supreme Court of New York
Decided December 15, 1915PublishedCited by 10 opinions
Appeal from a judgment of the Municipal Court, of the city of New York, borough of Brooklyn, sixth district, in favor of the plaintiff and from an order denying a motion for a new trial.
1Opinion of the CourtKelby, J.
Action to recover for damages to plaintiff’s automobile. The complaint alleged a collision between plaintiff’s automobile and the automobile of defendant Fox, and the complaint as amended at the trial states:
“ Third. That the said collision and the damages resulting therefrom were caused - solely by reason of the carelessness, negligence and recklessness of the defendant, his agent, servant and employee, and without any fault or want of care on the- part of plaintiff. ’ ’
There was sufficient evidence to warrant the jury in finding that defendant’s car was carelessly operated, and the…
2Cases cited3 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Murray v. . DwightNew York Court of Appeals · 1900
3Cited by10 opinions
- Ridge v. JonesSupreme Court of Missouri · 1934
- Siegrist Bakery Co. v. SmithTennessee Supreme Court · 1931
- Thorn v. ClarkAppellate Division of the Supreme Court of the State of New York · 1919
- Butenshon v. SHOESMITHOregon Supreme Court · 1951
- Ederer v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1936
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