Legal Opinion

Farrell v. Fire Insurance Salvage Corps

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 1919PublishedCited by 8 opinions

Appeal by the plaintiff, John T. Farrell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 17th day of December, 1918, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Kelly, J.:

The evidence presents two conflicting stories of the accident, which were submitted to the jury by the learned trial justice in a charge which correctly states the law, and the verdict establishes the facts in the defendant’s favor. The plaintiff, a battalion chief in the fire department of the city of New York, in the performance of his duty was on his way to a fire. He was riding in the front seat of a fire department automobile, seated beside one of his subordinates, a fireman regularly detailed as a driver. The automobile was proceeding easterly along Decatur street, in…

2Cases cited2 opinions

  1. Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
  2. Muhs v. Fire Insurance Salvage CorpsAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by8 opinions

  1. Russell v. NadeauSupreme Judicial Court of Maine · 1943
  2. Miller v. City of AlbanyNew York Supreme Court · 1935
  3. McCarthy v. MasonSupreme Judicial Court of Maine · 1934
  4. Kaplan v. PosnerAppellate Division of the Supreme Court of the State of New York · 1920
  5. Grimes v. Yellow Cab Co.Supreme Court of Pennsylvania · 1942

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