Young v. Herrmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry Herrmann and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of March, 1906,'upon the verdict of a jury for .$3,500, and also from an order entered in said clerk’s office- on the 28th day of March, 1906, denying the defendants’ motion for a new trial made upon- the minutes.
1Opinion of the Court
Jenks, J.:
The action is for negligence. The plaintiff attempted to cross .Third avenue at Twénty-tliird street in the borough of Manhattan from west to east- upon the south crosswalk between two moving wagons of the defendants. As travel in the-street was impeded by snow therein, defendants’, second wagon was being helped along by a rope attached from the first wagón. The plaintiff came against the rope, was thrown to the ground and was injured.. He recovered a verdict for $3,500 and the defendants appeal. Third avenue is a thoroughfare of a large city much traveled, and at the time and…
2Cases cited5 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Barker v. . SavageNew York Court of Appeals · 1871
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Coxhead v. . JohnsonNew York Court of Appeals · 1900
- Coxhead v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Miller v. New York Taxicab Co.Appellate Terms of the Supreme Court of New York · 1910
- Rappetti v. Peugeot Auto Import Co.Appellate Terms of the Supreme Court of New York · 1916
- Schaffer v. GambettaAppellate Division of the Supreme Court of the State of New York · 1941