Naughton Mulgrew Motor Car Co. v. Westchester Fish Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York,-borough of Manhattan, fourth district, in favor of plaintiff, after trial by the court without a jury.
1Opinion of the CourtMullan, J.
The plaintiff has had a recovery for the negligence of the defendant, resulting in an injuiy to plaintiff’s taxicab. We think there was sufficient'.evidence of negligence, and as there was no claim of contributory negligence, it remains merely to consider the appellant’s contention that an item of the damage award was incorrectly allowed. The questioned iterij was included in the award as representing the loss'; sustained by the plaintiff while the car was undergoing repairs, and was thus of necessity out of use.
The plaintiff conducted a taxicab business, and had *597a dozen or more of these cars…
2Cases cited6 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Allen v. . FoxNew York Court of Appeals · 1873
- Blanchard v. ElyNew York Supreme Court · 1839
- Volkmar v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1899
- Murphy v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Luna v. North Star Dodge Sales, Inc.Texas Supreme Court · 1984
- Charles F. Curry and Company v. HedrickSupreme Court of Missouri · 1964
- Holmes v. RaffoWashington Supreme Court · 1962
- Wilson & Co. v. SimsSupreme Court of Alabama · 1948
- Pittari v. Madison Avenue Coach Co.City of New York Municipal Court · 1947
5 more not listed; retrieve them via the Exa API.