Der Ohannessian v. . Elliott
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1921, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. The evidence presents no question of fact which should have been submitted to the jury. (Wyllie v. Palmer, 137 N. Y. 248; Higgins v. W. U. Tel. Co., 156 N. Y. 75; O’Brien v. Stern Bros., 223 N. Y. 290; Cunningham v. Castle, 127 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1921, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. The evidence presents no question of fact which should have been submitted to the jury. (Wyllie v. Palmer, 137 N. Y. 248; Higgins v. W. U. Tel. Co., 156 N. Y. 75; O’Brien v. Stern Bros., 223 N. Y. 290; Cunningham v. Castle, 127 App. Div. 580; Reilly v. Connable, 214 N. Y. 586; Ferris v. Sterling, 214 N. Y. 249; Fallon v. Swackhamer, 226 N. Y. 444; Potts v.…
1Opinion of the CourtCrane, J.
On the second day of September, 1915, the defendant’s car collided with a taxicab at the intersection of Eighth avenue and Forty-fourth street in the borough of Manhattan, city of New York, inflicting injuries upon the plaintiff. The defendant’s automobile was in charge of his chauffeur. This action has been brought to recover damages for negligence and the evidence would justify the jury in believing that the chauffeur of the defendant’s car was to blame for the accident.
The serious point to the case is the employment of the chauffeur at the time the accident occurred. He was, in the…
2Cases cited4 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Reilly v. . ConnableNew York Court of Appeals · 1915
- Fallon v. . SwackhamerNew York Court of Appeals · 1919
- O'Brien v. . Stern BrothersNew York Court of Appeals · 1918
3Cited by28 opinions
- Rusch Factors, Inc. v. LevinDistrict Court, D. Rhode Island · 1968
- Shatterproof Glass Corporation v. JamesCourt of Appeals of Texas · 1971
- Chaika v. VandenbergNew York Court of Appeals · 1929
- Albouyeh v. County of SuffolkNew York Court of Appeals · 1984
- Fluegel v. CoudertNew York Court of Appeals · 1927
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