Campbell v. North American Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the North American Brewing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of April, 1897, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the 8th day of April, 1897, denying the defendant’s motion for a new trial.
1Opinion of the Court
Goodrich, P. J.:
The negligence of the defendant’s driver appears so clearly from the evidence as to render a full statement of the facts unnecessary. The same may be predicated of the plaintiff’s freedom from con*415tributory negligence. The only subject that requires consideration is the amount of the verdict.
The plaintiff, a laborer in the service of a plumber, was digging a trench on the north side of Floyd street, which is thirty-four feet wide. The trench extended some six feet from the curb into the street, and was about four and one-half feet deep. The plaintiff had thrown the earth which…
2Cited by2 opinions
- Bell v. Shopwell, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Chesapeake & Ohio Railway Co. v. McCulloughCourt of Appeals of Kentucky (pre-1976) · 1929