Gallup v. Bessling
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Joseph' Gallup, an infant, by Minnie Gallup, his guardian ad litem, against John Bessling. From an order setting aside the verdict for plaintiff, he appeals.
1Opinion of the CourtGuy, J.
This is an appeal from an order setting aside the verdict of a jury in favor of the plaintiff. The facts show that the plaintiff was propelling a push cart along Hester street, near Forsythe street, in the borough of Manhattan, and while so doing was run down and *892injured by the defendant’s horse and wagon. The plaintiff’s witnesses testified that the defendant’s servant drove over and upon the plaintiff, notwithstanding the fact that he had been given sufficient- warning to stop his horse and avoid the accident. The defendant relied for his defense upon the testimony of his servant, the…
2Cases cited1 opinion
- Berkowitz v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Brush v. ConstableAppellate Division of the Supreme Court of the State of New York · 1915