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Earll v. Prouty

11 N.Y. Sup. Ct. 425 Court N.Y. Sup. Ct. English

Delivered by Morgan, J.

Contents

Majority

p. 425
CAROLINE E. EARLL, Respondent, v. MINERVA M. PROUTY, Impleaded with SAMUEL POTTER, Appellant.

Headnote

Appeal from a judgment, entered upon the report of a referee. The action was brought to recover damages occasioned by careless and immoderate driving by the servants of the defendant Minerva Prouty, while in her employ. •
p. 426
The appellant claimed that no negligence had been proved against her, and also-that the negligence of the plaintiff’s husband contributed to produce the injury complained of. The General.Term refused to reverse the judgment, the evidence being conflicting.
F. David, for the appellant.
Pratt, Mitchell & Brown, for the respondent.

Opinion by

Present — Mullin, P. J., Smith and Morgan, JJ.

Judgment affirmed.