Harris v. Fifth Ave. Coach Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Harry A. Harris against the Fifth Avenue Coach Company. From a judgment of the Municipal Court for plaintiff entered on the verdict of the jury, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtSeabury, J.
The action was brought to recover damages for injuries to plaintiff’s taxicab alleged to have been caused by the defendant’s negligence. The question litigated was whether the operator of plaintiff’s taxicab or the operator of the defendant’s bus was negligent. This judgment must be reversed because of an error in the charge of the learned court below.
Counsel for the defendant requested the court to charge that the plaintiff’s chauffeur was an interested witness, and that he had an interest to clear himself from the charge of negligence. To this request the court said: “He is not interested…
2Cases cited1 opinion
- Hoes v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Chapman v. BullockCourt of Appeals of Texas · 1923