Bopp v. New York Electric Vehicle Transportation Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinions. Neither at the close of plaintiff’s case nor of the case of defendant vehicle company was there any evidence of the latter’s negligence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinions. Neither at the close of plaintiff’s case nor of the case of defendant vehicle company was there any evidence of the latter’s negligence. (Baulec v. R. R. Co., 59 N. Y. 356; Hayes v. R. R. Co., 97 N. Y. 259 ; Dwight v. Ins. Co., 103 N. Y. 341; Hemmens v. Nelson, 138…
1DissentGray, J.
The plaintiff was in jured in a collision between the electric vehicle, in which she was being conveyed, and a trolley street car. She brought this action for damages against the company, which owned the vehicle, and the owner of a beer truck ; upon the theory, as, in substance, alleged by her in the complaint, that the misconduct, or negligence, of the men in charge of the two vehicles combined to bring about the accident. Upon the trial, the case made by her proofs showed that only the driver of the beer truck ivas at fault, for having so driven his truck as to strike the rear wheel of the…
2Cases cited1 opinion
- McMartin v. TaylorNew York Supreme Court · 1848