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Torts keyed to Robertson
De Carvalho v. Brunner
Citation:Court of Appeals of New York, 1918. 223 N.Y. 284, 119 N.E. 563.
Defendant Brunner owned a one horse truck and was heading north on a street. Defendant Johnston & Co. owned a two-horse truck and was heading north on the same street at the same time. The two Defendants begun to race their trucks with Defendant Johnston & Co. on the rights side of the street near the curb and Defendant Brunner near the middle of the street. Witnesses at the scene said that both of the Defendants’ trucks were traveling at about the same speed as an ambulance or fire engine responding to an emergency call. The street the Defendants were racing on was about twenty feet wide and was a busy street.
As they proceeded down the street, Defendant Brunner’s truck gained on Defendant Johnston & Co.’s truck and passed over in front of it. Defendant Johnston & Co.’s truck then drew to the left and towards the middle of the street. At that time the hubs of the Defendants’ trucks were about a foot apart. Soon after, Defendant Brunner’s truck struck Luiz da Cunha Carvalho, the Plaintiff’s testator, who was crossing the street and killed him.
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Topic Refresher CourseNegligence: Joint Tortfeasors, Identification and Contribution