Canton v. Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by defendant, William Simpson, from' a.judgment of the Court of Common Pleas for the city and county of New York.in favor of the plaintiff, entered in the office of the clerk of said court on the 10th day of December, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the- 10th day of December, 1895, denying the defendant’s motion for a new trial made npon the minutes.
1Opinion of the Court
O’Brien, J.:
The action was brought under the statute to recover damages for negligence causing the death of plaintiff’s testator. The question of the defendant’s liability was submitted to the jury, which returned a verdict in favor of the plaintiff for $1,300, and it is from the judgment thereupon entered, and from the order denying a new trial, that this appeal is taken.
The appellant insists that the evidence failed to show any negligence on the part of the defendant’s driver, and, in addition, not *564only failed to show circumstances from which the absence of contributory negligence on the…
2Cited by3 opinions
- Wellman v. MinerAppellate Terms of the Supreme Court of New York · 1897
- Rush v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Rush v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1903