Etshells v. Fargo — 218 N.Y. 653

Majority

p. 653

Harry Etshells, Respondent, v. James F. Fargo, as Treasurer of the American Express Company, Appellant.

Headnote

Etshells v. Fargo, 165 App. Div. 987 , affirmed.

(Argued April 20, 1916;

decided May 9, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The action

p. 654

was brought to recover damages for injuries sustained by the respondent through his being struck and injured by an automobile truck owned and operated .by the American Express Company. The appeal to the Appellate Division was taken on' the ground that the verdict was against the weight of the evidence; .that it was excessive, and on the further ground that the respondent failed to establish either the negligence of the appellant, or his own freedom from contributory negligence.

John G. Milburn, Jr., and Thomas S. Doughty for appellant.

Jeremiah A. O’Leary and Fred O. Nelson, Jr., for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Hisoock, Chase, Cuddebaok, Hogan, Cardozo and Pound, JJ.