Treuhaft v. Bender
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Moritz Bender and another, from a judgment of the Supreme Court in favor of the plaintiff, rendered on the 8th day of March, 1920, and entered in the office of the clerk of the county of Kings, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 9th day of March, 1920, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Putnam; J.:
This action was by a boy nine years old. While crossing Broadway, Brooklyn, on April 6, 1918, he was struck by defendant s’ automobile, which dragged him a considerable distance. • When picked up he was breathing and unconscious. He was mot put on the stand at the trial. After the charge defendants/ counsel made the following requests: Defendants’ Counsel: “ I ask your Honor to charge the jury that in considering thcil evidence in this case they may not only consider the witnesse*s who have appeared here, but the witnesses who have not ap peared here, and they may take into…
2Cases cited2 opinions
- Reehil v. FraasAppellate Division of the Supreme Court of the State of New York · 1908
- Wade v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Crosby v. BeairdAppellate Division of the Supreme Court of the State of New York · 1983
- Wyman v. J. Giarnella & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1990
- Treuhaft v. BenderAppellate Division of the Supreme Court of the State of New York · 1920