Gropp v. Great Atlantic & Pacific Tea Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Great Atlantic and Pacific Tea Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of December, 1913, granting plaintiff’s motion for leave to serve an amended complaint setting up a second cause of action.
1Opinion of the Court
Laughlin, J.:
The complaint upon which this action was first brought to trial charges that the plaintiff was run into and knocked down in a public street by a horse and wagon owned by and engaged in the business of the defendant and solely through the carelessness and negligence of the defendant and its employee in *860charge of the horse, and by reason of the fact that the horse was being driven at the time in violation of a city ordinance, which charge, it appeared by the evidence, was predicated on the fact that the horse and vehicle were on the wrong side of the street. On that trial the…
2Cases cited2 opinions
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by2 opinions
- Stapleton v. ButenskyAppellate Division of the Supreme Court of the State of New York · 1919
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1914