Baumwald v. Trenkman
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Benjamin Baumwald against August Trenkmañ. From a judgment in favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
This action is for damages for personal into gence of the defendant. The plaintiff was the only witness called in his own behalf, and the judgment in his favor rests upon his unsupported testimony alone. The defendant called but one witness, and his statement as to how the accident happened is irreconcilable with that of the plaintiff.
The plaintiff was in the employ of the defendant, and one of his duties was to wheel coal and ashes. For this purpose he used an iron wagon or car running on three wheels, each about six inches in diameter, one on each side of the car and one in front. The axle…
Also in this document: Concurrence.
2Cases cited4 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- Obanhein v. ArbuckleAppellate Division of the Supreme Court of the State of New York · 1903
- Hannigan v. SmithAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Medlin Milling Co. v. MimsCourt of Appeals of Texas · 1914
- Mollock v. Great Northern Railway Co.Supreme Court of Minnesota · 1925