Charles v. Barrett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William M. Barrett, 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 15th day of November, 1920, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 22d day of November, 1920, denying said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J.:
Plaintiff’s intestate came to his death on November 7, 1917, on East Twenty-fourth street, in the borough of Manhattan, New York city, as the result of being run over by a three and one-half ton Mack truck, the property of one Charles Steinhauser, and which was being driven at the time by the chauffeur of said Steinhauser, but while said truck was engaged in carrying express for the defendant Adams Express Company, Inc. In the complaint it was alleged that the death of plaintiff’s intestate was caused by the negligence of the chauffeur in charge of said truck and at the time of…
2Cases cited10 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Blake v. . FerrisNew York Court of Appeals · 1851
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
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3Cited by1 opinion
- Cattini v. American Railway Express Co.Appellate Division of the Supreme Court of the State of New York · 1922