Albertson v. Ansbacher
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, dismissing the complaint after a trial by the court without a jury.
1Opinion of the CourtLehman, J.
The plaintiff has brought this action for damages to an automobile, owned and operated by him, through a collision with an automobile owned by the defendant and operated by his chauffeur. In order to recover the plaintiff must of course show that the damages occurred solely through the negligence of the defendant and without any contributory negligence on his part. There is no serious dispute as to the facts in this case. A few minutes previous to the accident a chain on one of the rear wheels of the plaintiff’s car broke, wound itself around the axle of the car and blocked the car so that it…
2Cited by7 opinions
- Morton v. MooneyMontana Supreme Court · 1934
- Pennsylvania Railroad Co. v. HussIndiana Court of Appeals · 1932
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GillespieIndiana Court of Appeals · 1930
- Dalley v. Mid-Western Dairy Products Co.Utah Supreme Court · 1932
- Albrecht v. Waterloo Construction Co.Supreme Court of Iowa · 1934
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