Bogart v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 11, 1910, affirming a judgment in favor of plaintiff entered upon a verdict and ail order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The verdict was contrary to the law and the evidence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 11, 1910, affirming a judgment in favor of plaintiff entered upon a verdict and ail order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The verdict was contrary to the law and the evidence. (Baxter v. A. & S. E. R. Co., 190 N. Y. 439.) The striking out of evidence by the trial justice was fatally erroneous. (Miller v. Montgomery, 78 N. Y. 282; Matter of Lasar, 131 N. Y. 624; Plum v. M. S. R. Co., 91 App.…
1Opinion of the CourtChase, J.
On May 31, 1902, certain automobile races or speed trials were run under the direction and auspices of the Automobile Club of America. The races were run upon a public highway known as the Sonthside boulevard, in the borough of Richmond, city of New York, and were authorized by a resolution of the board of aldermen of the city of New York, of which resolution the following is a part, viz., “ That upon the recommendation of the local board, First district, borough of Richmond, permission be and the same is hereby given to the Automobile Club of America to conduct' speed trials for automobiles…
2Cases cited1 opinion
- Johnson v. . City of New YorkNew York Court of Appeals · 1906
3Cited by7 opinions
- Boykin v. BennettSupreme Court of North Carolina · 1961
- Frazure v. RucklesIndiana Court of Appeals · 1916
- People v. HallAppellate Division of the Supreme Court of the State of New York · 1940
- Johnson v. Reliance Automobile Co.California Court of Appeal · 1913
- Village of Owego v. Tioga County Agricultural SocietyNew York Supreme Court · 1934
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