Grulich v. . Paine
New York Court of Appeals
Appeal from a judgment entered December 12, 1917, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. Plaintiff had a right to assume that defendant would continue north around the center of the intersection before turning left into the driveway, thus passing to the rear of plaintiff’s motorcycle.
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Appeal from a judgment entered December 12, 1917, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. Plaintiff had a right to assume that defendant would continue north around the center of the intersection before turning left into the driveway, thus passing to the rear of plaintiff’s motorcycle. (Duryee v. Mayor of New York, 96 N. Y. 477 ; 2 McQuillin on Mun. Corp. 1748; People ex rel. Heiner v. Keeper, etc., 55 Misc. Rep. 614; Matter of…
1Opinion of the CourtChase, J.
This action is brought to recover damages for personal injuries received by the plaintiff as the result of a collision between his motorcycle and the defendant’s automobile. The plaintiff is a young man, who on October 13,. 1915, was employed in Oswego. At noon he took his motorcycle and started riding thereon toward his home about one and a half miles away. In going home he went south on West First street and it was necessary for him to pass an abutting driveway and cross Utica street. West First street is an open paved street sixty-six feet wide from curb to curb with a trolley railroad…
2Cases cited4 opinions
- In Re Proving the Will of ShontsNew York Court of Appeals · 1920
- Cannon v. . FargoNew York Court of Appeals · 1918
- John Reis Co. v. ZimmerliNew York Court of Appeals · 1918
- Larkin v. New York Telephone Co.New York Court of Appeals · 1917
3Cited by8 opinions
- Crossler v. Safeway Stores, Inc.Idaho Supreme Court · 1931
- Wlock v. Fort Dummer MillsSupreme Court of Vermont · 1925
- Nygaard v. StullNebraska Supreme Court · 1946
- Turbert v. Mather Motors, Inc.Supreme Court of Connecticut · 1973
- Watts v. Colonial Sand & Stone, Inc.New York Supreme Court · 1970
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