Frascone v. Louderback
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. The Standard Oil Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of January, 1912, upon the verdict of a jury for $3,500, as amended by an order entered in said clerk’s office on the 9th day of February, 1912, and also from so much of an order entered in said clerk’s office on the 24th day of July, 1911, as resettled, as directs that the defendant,…
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Appeal by the defendant,. The Standard Oil Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of January, 1912, upon the verdict of a jury for $3,500, as amended by an order entered in said clerk’s office on the 9th day of February, 1912, and also from so much of an order entered in said clerk’s office on the 24th day of July, 1911, as resettled, as directs that the defendant, The Standard Oil Company, pay to the plaintiff the costs of the action as a condition for the granting of a new trial,…
1Opinion of the Court
Clarke, J.:
This is an action to recover damages for the death of plaintiff’s intestate, a girl of five years, brought against the defendant Louderback and the defendant company. The complaint alleges “ that on the 17th day of July, 1909, the above-named defendant, William Beekman Louderback, while in the discharge of his duty, and in the scope of his employment as a traveling salesman for The Standard Oil Company, so carelessly and unlawfully operated a motor vehicle on 149th Street in the City of New York, then and there being operated by him for and on account of The Standard Oil Co. as to…
2Cases cited2 opinions
- Rothenberg v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Heffern v. Village of HarvestrawAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by12 opinions
- Pangburn v. . Buick Motor Co.New York Court of Appeals · 1914
- Jentick v. Pacific Gas & Electric Co.California Supreme Court · 1941
- Fedden v. Brooklyn Eastern District TerminalAppellate Division of the Supreme Court of the State of New York · 1923
- Chicago, R. I. & P. Ry. Co. v. AustinSupreme Court of Oklahoma · 1914
- Saulsbury v. BraunAppellate Division of the Supreme Court of the State of New York · 1928
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