Carroll v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of Yonkers, from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 6th day of April, 1920, denying defendant’s motion to set aside the verdict of a jury in favor of the plaintiff for the sum of $25,000 (reduced by stipulation to $20,000), and for a new trial made upon the minutes.
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Appeal by the defendant, the City of Yonkers, from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 6th day of April, 1920, denying defendant’s motion to set aside the verdict of a jury in favor of the plaintiff for the sum of $25,000 (reduced by stipulation to $20,000), and for a new trial made upon the minutes. No appeal was taken from the judgment herein which was entered in the office of the clerk of the county of Westchester on the 27th day of February, 1920.
1Concurrence
Kelly, J.:
I concur.
The present general use of automobiles by city departments attaches additional importance to the legal questions involved in this case. Is the city liable for injuries occasioned by these automobiles, whether from lack of inspection rendering the automobile unsafe or from negligence in operating the machine? I presume it depends on the facts of the particular case, the use to which the car is put, the persons operating it or riding in it. We have recently decided that the owner of an automobile who invites a friend' to ride is bound to use reasonable care in operating the…
2Cases cited6 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Tone v. Mayor of New YorkNew York Court of Appeals · 1877
- Lowell v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1918
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