Legal Opinion

Miller v. Hine

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

Decided March 12, 1953PublishedCited by 12 opinions

1Opinion of the CourtBergak, J.

Plaintiff’s wife was killed by an automobile driven by the infant defendant. She was walking on a State highway from her home to a church supper a quarter of a mile away and carried in her arms a basketful of dishes. It was in mid-November, shortly after six o’clock in the evening and it was dark. She was walking on her right side of the road. The defendant’s car, moving from behind her in the same direction, came in contact with her body. She was sixty-one years old; her husband, fifty-seven.

The jury found for the defendant and judgment was entered accordingly. Plaintiff appeals. He argues…

2Cases cited3 opinions

  1. Martin v. HerzogNew York Court of Appeals · 1920
  2. Tedla v. EllmanNew York Court of Appeals · 1939
  3. Cassidy v. Hudson Transit CorporationNew York Court of Appeals · 1939

3Cited by12 opinions

  1. Whitt v. DynanCourt of Special Appeals of Maryland · 1974
  2. Noviczski v. HomeyerAppellate Division of the Supreme Court of the State of New York · 1997
  3. Petosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1976
  4. Carroll v. StateAppellate Division of the Supreme Court of the State of New York · 1990
  5. Heffernan v. LogueAppellate Division of the Supreme Court of the State of New York · 1972

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