Boker v. H. Koehler & Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by David Bolter against H. Koehler & Co. From an order setting aside a judgment in favor of .plaintiff, rendered after a trial before the court and a jury, he appeals.
1Opinion of the CourtGildersleeve, P. J.
The action is for loss of services of plaintiff’s wife, resulting from injuries that she sustained arising from the alleged negligence of defendant’s driver. The defendant offered no proof. The case went to the jury under a charge to which no exception of consequence was taken. They found for plaintiff, and the court set aside the verdict, upon the ground that no evidence was presented showing any fault or negligence on the part of the driver, nor any evidence of the exercise of any care or caution on the part of plaintiff’s wife to avoid vehicles that might properly pass along the roadway,…
2Cases cited2 opinions
- Lyons v. AvisAppellate Division of the Supreme Court of the State of New York · 1896
- Seaman v. MottAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Alaimo v. E. & J. Marrin Co.City of New York Municipal Court · 1910
- Boker v. H. Koehler & Co.Appellate Division of the Supreme Court of the State of New York · 1909