Cowell v. Saperston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth Saperston, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 13th day of June, 1911, upon the verdict of a jury for $5,000, and also from an order dated the 16th day of June, 1911, and entered in said clerk’s office, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
About seven o’clock on the evening of October 20, 1910, Edward Cowell, the plaintiff’s intestate, while crossing Elk street, in the city of Buffalo, was struck by an automobile owned by the appellant and received injuries from which he died within twenty-four hours. The plaintiff brought her action against the defendant and one John J. Brown, who was in the automobile at the time the collision occurred, and the jury rendered a verdict against the appellant only.
Elk street extends in an easterly and westerly direction and crosses Louisiana street at right angles. There are two…
2Cases cited6 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Clark v. Buckmobile Co.Appellate Division of the Supreme Court of the State of New York · 1905
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3Cited by10 opinions
- Hays v. HoganSupreme Court of Missouri · 1917
- Autio v. MillerMontana Supreme Court · 1932
- Cannon v. . FargoNew York Court of Appeals · 1918
- Wright v. BalesCourt of Appeals of Georgia · 1940
- McHarg v. AdtAppellate Division of the Supreme Court of the State of New York · 1914
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