Wagner v. . Mittendorf
New York Court of Appeals
Appeal, in each of the above-entitled actions, by permission, from a judgment of the Appellate Division of the Supreme Court in the-first judicial department, entered November 7, 1919, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The trial court erred first, in admitting the testimony of the second accident and injury; second, in its charge to the jury on the question of damages.
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Appeal, in each of the above-entitled actions, by permission, from a judgment of the Appellate Division of the Supreme Court in the-first judicial department, entered November 7, 1919, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The trial court erred first, in admitting the testimony of the second accident and injury; second, in its charge to the jury on the question of damages. (Kurak v. Traiche, 226 N. Y. 266; Keefe v. Lee, 197 N. Y. 68; Kleiner v. Third Ave. R. R. Co., 162 N. Y. 198; Gumb v. Twenty-third St. R. R., 114 N. Y. 411; Uransky v. D. D., E. B. &…
1Opinion of the CourtCrane, J.
While Parker Wagner, a young - man eighteen years of age, was riding a motorcycle on the Albany Post road at Montrose, N. Y., he collided with a touring car owned by the defendant, breaking his right leg. These actions were brought, one by him to recover for his personal injuries and the other by his mother to recover for her loss of services, which have resulted in verdicts for the plaintiffs in moderate sums. The judgments entered upon these verdicts having been unanimously affirmed by the Appellate Division, it is conclusively established thereby that the defendant through her chauffeur…
2Cases cited5 opinions
- Lyons v. . Erie Railway CompanyNew York Court of Appeals · 1874
- Conner v. City of NevadaSupreme Court of Missouri · 1905
- Postal Telegraph Cable Co. v. HulseySupreme Court of Alabama · 1901
- Hoseth v. Preston Mill Co.Washington Supreme Court · 1908
- Matter of Phillips v. . Holmes Express CompanyNew York Court of Appeals · 1920
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- S. S. Kresge Co. v. KenneyCourt of Appeals for the D.C. Circuit · 1936
- Eichstadt v. UnderwoodCourt of Appeals of Kentucky (pre-1976) · 1960
- Exner Sand & Gravel Corporation, as Owner of the Barge Florence E., Libelant-Appellant v. Petterson Lighterage & Towing Corp.Court of Appeals for the Second Circuit · 1958
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