Grudberg v. Ehret
Appellate Terms of the Supreme Court of New York
Appeal■ by the plaintiff from a judgment of the City Court of the city of Mew York, entered upon a dismissal of the complaint at the close of plaintiff’s evidence.
1Opinion of the CourtGerard, J.
The evidence offered by plaintiff disclosed that plaintiff and another boy ran after defendant’s automobile, and the other boy jumped on it, and then when some one yelled “ Get off,” the other boy tried to get off, but in getting down got stuck between the barrels on the automobile and the plaintiff went to his assistance and pulled out his foot. At this time the automobile had stopped, and, the friend being free, plaintiff jumped off, but just at this time the automobile, without warning, backed up hill a distance of five feet, running over the plaintiff.
It makes no difference whether the…
2Cases cited1 opinion
- Lundy v. Second Avenue RailroadNew York Court of Common Pleas · 1892
3Cited by2 opinions
- Geddes & Moss Undertaking & Embalming Co. v. SimkinsLouisiana Court of Appeal · 1926
- Shappley v. GravesCourt of Appeals of Tennessee · 1929