Martin v. Herzog
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 2, 1917, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The omission of plaintiff’s intestate to have a light upon his vehicle was not prima facie evidence of contributory negligence by him.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 2, 1917, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The omission of plaintiff’s intestate to have a light upon his vehicle was not prima facie evidence of contributory negligence by him. (Amberg v. Kinley, 214 N. Y. 531; Barr v. Green, 210 N. Y. 252; Kelly v. N. Y. S. Rys. Co., 207 N. Y. 342; Mariano v. Lehmaier, 173 N. Y. 530; Donnelly v.…
1Opinion of the CourtCardozo, J.
The action is one to recover damages for injuries resulting in death.
Plaintiff and her husband, while driving toward Tarry-town in a buggy on the night of August 21, 1915, were struck by the defendant’s automobile coming in the opposite direction. They were thrown to the ground, and the man was killed. At the point of the collision the highway makes a curve. The car was rounding the curve when suddenly it came upon the buggy, emerging, the defendant tells us, from the gloom. Negligence is charged against the defendant, the driver of the car, in that he did not keep to the right of the center…
2Cases cited20 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
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- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Tincher, T. v. Omega Flex, Inc., Aplt.Supreme Court of Pennsylvania · 2014
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