Reilly v. . Connable
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May Y, 1913, 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 second judicial department, entered May Y, 1913, 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. All the evidence in the case shows conclusively that at the time of the accident the chauffeur was using the automobile for his own private purposes, without the knowledge or consent of the defendant; and the defendant cannot be charged with liability for his negligence^ if any, while doing an act outside the…
1Opinion of the CourtCollin, J.
The action is to recover the damages for personal injuries to the plaintiff through a collision between an automobile owned by the defendant and a bicycle on which the plaintiff was riding. Inasmuch as the decision of the Appellate Division was not unanimous, we must ascertain by a scrutiny of the evidence whether or not there was any proof permitting the jury to return a verdict in favor of the plaintiff. If the verdict was unsupported in an essential particular by evidence, the submission of the case to the jury was error, reviewable under the exceptions of the defendant.
The automobile was…
2Cases cited15 opinions
- Fielder v. DavisonSupreme Court of Georgia · 1913
- Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Steffen v. McNaughtonWisconsin Supreme Court · 1910
- Sweeden v. Atkinson Improvement Co.Supreme Court of Arkansas · 1910
10 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Lundberg v. State of New YorkNew York Court of Appeals · 1969
- Potts v. . PardeeNew York Court of Appeals · 1917
- Van Blaricom v. . DodgsonNew York Court of Appeals · 1917
- Riley v. . Standard Oil Co.New York Court of Appeals · 1921
- Arkin v. PageIllinois Supreme Court · 1919
56 more not listed; retrieve them via the Exa API.