Zeiger v. Riley

Appellate Division of the Supreme Court of New York

Zeiger v. Riley

270 A.D. 771, 59 N.Y.S.2d 421, 1946 N.Y. App. Div. LEXIS 3887

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

DecidedJanuary 21, 1946

StatusPublished

Cited by1 cases

This text of 270 A.D. 771 (Zeiger v. Riley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zeiger v. Riley, 270 A.D. 771, 59 N.Y.S.2d 421, 1946 N.Y. App. Div. LEXIS 3887 (N.Y. Ct. App. 1946).

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Opinion

Plaintiff, a pedestrian, while crossing Beekman Place at its intersection with Flatbush Avenue, Brooklyn, was struck by a truck owned by defendant Elijah Riley. Defendant William McArthur was the operator of the truck and defendant Howard Coal & Coke Co., Inc., hired the truck from Riley. A verdict was rendered in favor of plaintiff against all three defendants. Defendant coal comjjany appeals from the judgment on the ground that the evidence does not establish that the truck was used in its business or that the operator was subject to its control and direction. Judgment unanimously affirmed, with costs. The evidence amply justified the verdict of the jury. (Irwin v. Klein, 271 N. Y. 477; Johnson v. B. T. K. Petroleum Co., 289 N. Y. 101.) Present — Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ. [See post, p. 819.]

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Plaintiff, a pedestrian, while crossing Beekman Place at its intersection with Flatbush Avenue, Brooklyn, was struck by a truck owned by defendant Elijah Riley. Defendant William McArthur was the operator of the truck and defendant Howard Coal & Coke Co., Inc., hired the truck from Riley. A verdict was rendered in favor of plaintiff against all three defendants. Defendant coal comjjany appeals from the judgment on the ground that the evidence does not establish that the truck was used in its business or that the operator was subject to its control and direction. Judgment unanimously affirmed, with costs. The evidence amply justified the verdict of the jury. (Irwin v. Klein, 271 N. Y. 477; Johnson v. B. T. K. Petroleum Co., 289 N. Y. 101.) Present — Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ. [See post, p. 819.]

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Bluebook (online)

270 A.D. 771, 59 N.Y.S.2d 421, 1946 N.Y. App. Div. LEXIS 3887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zeiger-v-riley-nyappdiv-1946.

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