Legal Opinion
Frashella v. Taylor
Appellate Terms of the Supreme Court of New York
Decided March 13, 1916PublishedCited by 3 opinions
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Dominick Frashella against George C. Taylor, as President of the American Express Company. From a judgment for plaintiff, and an order denying a motion for new trial, defendant appeals. Reversed, and complaint dismissed.
1Opinion of the CourtLehman, J.
The plaintiff has recovered'a judgment for damages to merchandise in the window of his place of business by an automobile truck owned by the defendant. The complaint sets forth:
“That at the time and place aforesaid the said auto truck vehicle was negligently and carelessly left ungtiarded and unprotected by the said servant of the defendant, and the same was suddenly started with great speed and violence ; that it was caused to run on the sidewalk on the opposite side of the street against the window of plaintiff’s store.”
It is to be noted that the complaint does not set forth that a servant…
2Cases cited3 opinions
- Vincent v. Crandall & Godley Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Berman v. SchultzAppellate Terms of the Supreme Court of New York · 1903
- Keber v. Central Brewing Co.Appellate Terms of the Supreme Court of New York · 1915
3Cited by3 opinions
- Rhad v. Duquesne Light Co.Supreme Court of Pennsylvania · 1917
- Jackson v. Mills Baking Co.Michigan Supreme Court · 1922
- Russell v. James Butler Grocery Co.Appellate Division of the Supreme Court of the State of New York · 1933