Lincoln Taxicab Co. v. Smith
New York Supreme Court
Appeal by the plaintiff from a judgment, rendered in the Municipal Court, of the city of New York, borough of Manhattan, first district, in favor of the defendant, in a trial without a jury.
1Opinion of the CourtCohalan, J.
In an action to recover damages for negligence, plaintiff set up two causes of action: (1) It sues for damages, alleging that the defendant so negligently operated his automobile as to injure the plaintiff’s taxicab; and (2) it claims damages because the defendant, while in an intoxicated condition so carelessly and recklessly operated his machine as to injure the plaintiff’s taxicab.
The accident occurred at about one-thirty o’clock in the morning at Broadway and Sixty-ninth street. Plaintiff’s taxicab was crossing Broadway at Sixty-ninth street when it was struck by the defendant’s touring…
2Cases cited1 opinion
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
3Cited by4 opinions
- Wise v. SchneiderSupreme Court of Alabama · 1921
- Devine v. BischelWisconsin Supreme Court · 1934
- Stickel v. San Diego Electric Railway Co.California Supreme Court · 1948
- Stickel v. San Diego Electric Railway Co.California Supreme Court · 1948