Toone v. . the City of New York
New York Court of Appeals
Appeal from a judgment, entered January 13, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The plaintiff was.a driver'in the employ of a contractor who supplied the city of New York with horses and drivers for sprinkling carts owned and operated by the city for use on the city streets.
Read the full summary
Appeal from a judgment, entered January 13, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The plaintiff was.a driver'in the employ of a contractor who supplied the city of New York with horses and drivers for sprinkling carts owned and operated by the city for use on the city streets. The plaintiff reported to the city employees, where he was put to work under the general control and supervision of the defendant’s foreman. While…
1Per curiam
This action was one of negligence and the plaintiff recovered a verdict at the Trial Term, upon which judgment was entered in his favor. On appeal from said judgment and the order denying defendant’s motion for a new trial the same were reversed “on questions of fact,” the findings of the jury that the defendant was negligent and that the plaintiff was free from contributory negligence being reversed, and the complaint was dismissed on the merits.
In support of the judgment rendered by the Appellate Division it is now argued that the plaintiff produced no evidence tending to establish…
2Cited by2 opinions
- Imbrey v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1941
- Kramb v. FincherNew York Court of Appeals · 1951