Matthews v. Herdtfelder
New York Supreme Court
Appeal from circuit court, New York county. Action by Patrick Matthews against Jacob P. Herdtfelder and Francis P. Specht to recover damages for a personal injury alleged to have been sustained by plaintiff by reason of a collision of a truck owned by defendants, and driven by their employe, with the plaintiffs cart, thereby throwing him down and injuring him.
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Appeal from circuit court, New York county. Action by Patrick Matthews against Jacob P. Herdtfelder and Francis P. Specht to recover damages for a personal injury alleged to have been sustained by plaintiff by reason of a collision of a truck owned by defendants, and driven by their employe, with the plaintiffs cart, thereby throwing him down and injuring him. Plaintiff offered evidence at the trial that one of the defendants had come to him at the instance of the other, conceded their driver’s fault, and desired plaintiff to accept a moderate sum in settlement of the claim, which evidence…
1Opinion of the CourtPatterson, J.
This is an appeal from an order made at circuit, and granting a new trial to the plaintiff, after verdict in favor of 'the defendant, and under the following circumstances: When the verdict was rendered and recorded, the motion was made for a new trial, under section 999 of the Code of Civil Procedure. The minutes made by the clerk state, among other things, “Motion for a new trial denied.” That was on the 18th February, 1890. No order of the court was ever signed or filed on this motion. Judgment in favor of the defendant was entered by the clerk, as is usual in common-law cases, on the 21st…
2Cases cited2 opinions
- Voisin v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Voisin v. Commercial Mutual InsuranceNew York Supreme Court · 1890
3Cited by5 opinions
- Goodrich v. Ross-Ketchum Co.Appellate Division of the Supreme Court of the State of New York · 1948
- Gruhn v. J. H. Taylor Construction Co.New York Supreme Court · 1943
- Prudential Paper Co. v. Ashland Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1931
- Gaston Koch & Co. v. Julette Improvement Co.Appellate Terms of the Supreme Court of New York · 1929
- Griffin v. BerghAppellate Division of the Supreme Court of the State of New York · 1942