Legal Opinion

Foley v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.

Appellate Terms of the Supreme Court of New York

Decided December 15, 1906PublishedCited by 4 opinions

Appeal by the defendant from a judgment of the Municipal Court of the city of New York, third district, borough of Manhattan, rendered in favor of the plaintiff.

1Opinion of the CourtDavis, J.

The plaintiff recovered judgment for $472.44 for injuries to his automobile. Defendant’s northbound car ran into the rear of the automobile as it was also proceeding northward. The plaintiff’s damages, as allowed by the court, included an item of $150 for loss of use of automobile. This finding was based upon expert testimony as to the value of the use of an automobile like the plaintiff’s. There was no evidence to show that plaintiff used his automobile for any business purpose whatever. The inference from the evidence is that he used it for his pleasure and recreation. It does not appear…

2Cited by4 opinions

  1. Cook v. Packard Motor Car Co.Supreme Court of Connecticut · 1914
  2. Bondy v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907
  3. Pittari v. Madison Avenue Coach Co.City of New York Municipal Court · 1947
  4. Cook v. Packard Motor Car Co.Supreme Court of Connecticut · 1914

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