Willis v. Harby
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marx E. Harby, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk in the 15 th day of January, 1913, upon the verdict of a jury for $1,000 and also from an order entered in said clerk’s office on the 15th day of February, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
We think that the motion for a new trial should have been granted, upon the ground that the evidence failed to establish either defendant’s negligence or plaintiff’s freedom from contributory negligence.
On November 3, 1910, about seven o’clock in the evening, plaintiff, an elderly man, about eighty years of age, left the house of his daughter, Mrs. Sammis, which was situated on the westerly side of New York avenue, in the village of Huntington, .to proceed to his own home on the south side of Fairview street, in the same village. New York avenue runs approximately north and south. It…
2Cited by3 opinions
- Tio v. MolterMichigan Supreme Court · 1933
- Laguens v. MaseraLouisiana Court of Appeal · 1926
- Woringen v. ZetzmannLouisiana Court of Appeal · 1925