Moore v. Stainton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard Stainton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of February, 1902, upon the verdict of a jury for $1,200, and also from an order entered in said clerk’s office on the 13th day of February, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The plaintiff has recovered a judgment for damages for personal injuries. While standing on the sidewalk of a street of the city, with his back to the roadway, talking to an acquaintance, he was struck by a truck which had been swung around and was being backed over the sidewalk for the purpose of discharging its load. The truck was owned by Mr. Stainton, and the driver was about to deliver certain goods from Perkins, Goodwin & Co. to their *297customers. The plaintiff complained against Perkins, Goodwin & Co. and against Stainton. The court dismissed his case against Perkins, Goodwin &…
2Cases cited2 opinions
- Howard v. . LudwigNew York Court of Appeals · 1902
- Howard v. LudwigAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Peer v. . BabcockNew York Court of Appeals · 1920
- Winters v. American Radiator Co.Supreme Court of Minnesota · 1915
- Cohen v. Western Electric Co.Appellate Terms of the Supreme Court of New York · 1908
- Kellogg v. Church Charity Foundation of Long IslandAppellate Division of the Supreme Court of the State of New York · 1909