Jacquin v. Syracuse Auto Rental & Taxicab Corp.

CourtNew York Court of Appeals
Writing for the CourtHUBBS
Citation263 N.Y. 53,188 N.E. 154
Decision Date21 November 1938
PartiesJACQUIN v. SYRACUSE AUTO RENTAL & TAXICAB CORPORATION et al.

263 N.Y. 53
188 N.E. 154

JACQUIN
v.
SYRACUSE AUTO RENTAL & TAXICAB CORPORATION et al.

Court of Appeals of New York.

Nov. 21, 1938.


Action by Charles C. Jacquin against the Syracuse Auto Rental & Taxicab Corporation and another. From a judgment of the Appellate Division (239 App. Div. 807, 264 N. Y. S. 916), which judgment affirmed a judgment for plaintiff, defendants, by permission of the Court of Appeals, appeal.

Reversed and original judgment of Trial Term reinstated.


[263 N.Y. 53]Appeal from Supreme Court, Appellate Division, Fourth department.

[188 N.E. 155]


Phillip T. Young, of Syracuse, for appellants.

[263 N.Y. 54]Charles E. Spencer, of Syracuse, for respondent.


HUBBS, Justice.

This is an action to recover damages for loss of services sustained by plaintiff by reason of injuries to his infant son and for damage to his automobile [263 N.Y. 55]caused by the negligence of the defendants. At the time of the accident, the plaintiff's automobile was being operated by James Loughnot with his permission and consent and an automobile owned by the defendant taxicab corporation was being operated by the defendant Leonard with its permission and consent. The plaintiff was not present at the time of the accident but his infant son was riding in his automobile with Loughnot.

The trial court submitted special questions to the jury in writing. The jury, in answer to those questions, found that Loughnot, the driver of the plaintiff's automobile, was not free from negligence, that the defendant Leonard was negligent, and fixed plaintiff's damage at $200. The trial court directed a verdict for the defendants of no cause of action. The plaintiff moved to set aside the verdict as contrary to the evidence, contrary to the law, and contrary to the finding of the jury. The motion was not reserved to be heard later, but was entertained by the trial court and denied. Thereafter, a judgment was entered in favor of the defendants.

Before the plaintiff's time to appeal had expired, he made a motion at a Special Term held by the same justice who presided at the Trial Term, to vacate the judgment and order judgment for the plaintiff for $200, the amount found by the jury to be the plaintiff's damage, with costs. The basis of the motion was that the trial justice had made an error of law in failing to follow the decision in the case of Gochee v. Wagner, 257 N. Y. 344, 178 N. E. 553. The motion was granted, the first judgment was vacated, and a new judgment entered in favor...

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1 practice notes
  • O'CONNOR-SULLIVAN v. Otto
    • United States
    • New York District Court
    • February 17, 1955
    ...problem that seems to have been presented to that [207 Misc. 274] court, are found in Jacquin v. Syracuse Auto Rental & Taxicab Corp. (263 N.Y. 53, 56). The court there held it to be "definitely settled by authority" that after the trial court had entertained and denied a motion under secti......
1 cases
  • O'CONNOR-SULLIVAN v. Otto
    • United States
    • New York District Court
    • February 17, 1955
    ...problem that seems to have been presented to that [207 Misc. 274] court, are found in Jacquin v. Syracuse Auto Rental & Taxicab Corp. (263 N.Y. 53, 56). The court there held it to be "definitely settled by authority" that after the trial court had entertained and denied a motion under secti......

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