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De Carvalho v. Brunner
New York Court of Appeals
119 N.E. 563 (1918)
Brunner and E.J. Johnston & Company (defendants) owned trucks that were racing side-by-side down a narrow street in New York City. Witnesses stated that the trucks were speeding. The truck owned by Brunner hit and killed Luiz da Cunha Carvalho. Carvalho’s estate (plaintiff) brought suit against Brunner and Johnston. The trial court entered a jury verdict against each defendant. Johnston appealed, and the appellate court reversed, finding that Johnston’s truck was not a cause of Carvalho’s death. Carvalho’s estate appealed.
Rule of Law
Holding and Reasoning (Cuddeback, J.)
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