Berckhemer v. Empire Carrying Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Empire Carrying Corporation, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of November, 1915, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 15th day of November, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Soott, J.:
The action is for damages resulting from a collision on June 13, 1915, between a motorcycle and a motor truck, plaintiff having been the rider of the motorcycle and defendant being the owner of the truck.
The facts deducible from the testimony and evidently found by the jury were that plaintiff, who was an experienced motorcyclist, was riding up Washington avenue, in the county of Bronx, on the right hand and proper side of the roadway about six feet from the curb. He had been going at a high rate of speed, but says that he had slowed down to a moderate rate just before the accident…
2Cases cited2 opinions
- Donnelly v. . City of RochesterNew York Court of Appeals · 1901
- Shields v. Paul B. Pugh & Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Mabs v. Park & TilfordAppellate Division of the Supreme Court of the State of New York · 1922