Engel v. . United Traction Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May (i, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May (i, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was permitted to show over the objections and exceptions of the appellant that the motorman was discharged by it subsequent to the accident, and for this reason the judgment should be reversed. (Winters v. Naughton, 91 App. Div. 80; Schmidt v. D. D., etc., R. R. Co., 3 N. Y. S. R. 257.)
1Opinion of the CourtCollin, J.
The plaintiff seeks in this action to recover the damages to which, as he avers, the injuries received by him through a collision between an electric car of defendant and an automobile in which he was riding entitle him. The accident happened November 22, 1908, at an intersection of streets in the city of Albany. At the close of the entire evidence the trial court denied the motion of the defendant that the plaintiff be nonsuited upon the ground that the proof failed to show negligence on the part of the defendant or freedom from contributory negligence on the part of the plaintiff, and…
2Cases cited5 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Manning v. Insurance Co.Supreme Court of the United States · 1880
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- Corcoran v. . Village of PeekskillNew York Court of Appeals · 1888
- Post v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1909
3Cited by13 opinions
- Parrish v. . R. R.Supreme Court of North Carolina · 1942
- Molinari v. Conforti & Eisele, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Hartley v. SzadkowskiAppellate Division of the Supreme Court of the State of New York · 1969
- Parrish v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1942
- Dukett v. MausnessIndiana Court of Appeals · 1989
8 more not listed; retrieve them via the Exa API.