Akin v. . Lee
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 30,1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 30,1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Reversible error was committed by the trial court in allowing the introduction of evidence that the defendant was insured against accident, and also in refusing to strike out such evidence, (Simpson v. Foundation Co., 201 N. Y. 479; Hoyt v. J. E. Davis Mfg. Co., 112 App. Div. 755; Hordern v. Salvation…
1Opinion of the CourtGray, J.
The plaintiff, a lad of twelve years of age, was run into and injured by the defendant’s automobile and this action for damages is upon the ground that the automobile was being carelessly operated by the defendant’s chauffeur. The plaintiff had a verdict and the judgment entered thereon has been affirmed, at the Appellate Division by a unanimous vote. Leave was given to the defendant ‘to appeal to this court and the error assigned by the appellant, and which survives the unanimous affirmance, is in the denial by the trial court of the defendant’s motions to strike out statements to the effect…
2Cases cited1 opinion
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
3Cited by25 opinions
- Brown v. WalterCourt of Appeals for the Second Circuit · 1933
- Oltarsh v. Aetna InsuranceNew York Court of Appeals · 1965
- Walters v. Appalachian Power Co.West Virginia Supreme Court · 1915
- Rinehart & Dennis Co. v. BrownSupreme Court of Virginia · 1923
- Taggart v. KeeblerIndiana Supreme Court · 1926
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