Wilson v. Wyckoff, Church & Partridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the .defendant, Wyckoff, Church & Partridge, from a judgment of the Supreme Court in favor'of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of November, 1908, upon the verdict of a-jury, and also-from an order entered in said clerk’s office on the 7th day of December, 1908, denying the. defendant’s motion for a new trial made upon" the minutes.
1DissentHoughton, J.
The defendant is a corporation and maintains, a garage in the city of New York for the care and storage of automobiles for hire. The plaintiff placed his. automobile in defendant’s care under a written contract, one of the stipulations of which was that the machine should not be taken from the garage at night without the plaintiff’s written order.
In order to regulate the taking out of the machines by the various chauffeurs and to insure against a machine being taken out by the wrong driver, the defendant established a system of checking, ahd on the machine leaving the garage its number, make,…
2Cases cited5 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Stewart v. . StoneNew York Court of Appeals · 1891
- Kaiser v. LatimerAppellate Division of the Supreme Court of the State of New York · 1899
- Merchants & Miners' Transportation Co. v. StoryCourt of Appeals of Maryland · 1878
- Smith v. MeeganSupreme Court of Missouri · 1855