Brichta v. Simon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. Xavier Simon, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of July, 1912, denying the defendant’s motion to vacate an order for his examination before trial.
1Opinion of the Court
Laughlin, J.:
This is an action for personal injuries alleged to have been caused by the negligent operation of the defendant’s automobile on one of the public streets of the city of New York. The liability of the defendant for the operation of the automobile at the time and place in question is put in issue. It is incumbent on the plaintiff, therefore, to show whether the defendant was operating the automobile, and if not, his relationship to the person who' was operating it, and to that extent she was entitled to an order for the examination of the defendant. The defendant, however, denies…
2Cited by2 opinions
- Parsons v. MossNew York Supreme Court · 1939
- Kreis v. ButlerNew York Supreme Court · 1950