Kettle v. Turl
New York Court of Common Pleas
Action by James Kettle against John Turl and others to recover damages for the alleged negligence of defendants’ servants in driving a truck owned by defendants. The defense was a denial and an allegation that the injuries sustained by plaintiff were caused wholly by his own negligence. The complaint was dismissed at the trial, and plaintiff moves for a new trial, on exceptions ordered to be heard at general term in the first instance.
1Opinion of the Court
DALY, O. J.
The complaint was dismissed by the trial judge because the plaintiff had failed to show absence of contributory negligence. He was driving a truck down Tenth avenue, on the right side of the avenue, and stopped close to the sidewalk below Twenty-Fourth street, in order to dismount and pick up a knife which he saw lying near the railroad tracks, which were in the middle of the avenue. After he picked up the knife, he went back to his truck, and stood on the side of it next to the middle of the street, to put the knife into his feed bag. Then he attempted to mount his truck from the…
2Cases cited1 opinion
- Weston v. . City of TroyNew York Court of Appeals · 1893
3Cited by2 opinions
- Borg v. Spokane Toilet Supply Co.Washington Supreme Court · 1908
- Nead v. Roscoe Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1900