Hammelmann v. Bernhardt
Appellate Division of the Supreme Court of the State of New York
-Appeal by the defendants, Herman Bernhardt and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8tli day of October, 1909, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 9th day of October, 1909, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Robson, J.:
On July 1, 1908, an automobile operated by defendants collided with plaintiff, a pedestrian on one of the public streets of the city of Buffalo, and plaintiff was severely injured. The manner in which the in jury occurred and whether plaintiff or defendants were responsible for it, were sharply contested; and a Verdict either for plaintiff or defendants would not be open to objection as against the weight of evidence. Plaintiff’s version of the facts and that given by defendants differed radically; and defendants’ responsibility for the accident could be found by the jury only upon…
2Cases cited2 opinions
- Cullen v. Battle Island Paper Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Tucker v. DudleyAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- People v. CountrymanAppellate Division of the Supreme Court of the State of New York · 1922
- People v. CountrymanAppellate Division of the Supreme Court of the State of New York · 1922
- People v. OhlsonAppellate Division of the Supreme Court of the State of New York · 1932