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PLEASE TAKE NOTICE that the plaintiff above
Attorney for Plaintiff,
50 Court Street,
Brooklyn, N. Y.
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of
your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, August 15, 1927.
JOSEPH F. RUGGIERI,
Attorney for Plaintiff,
New York City.
Plaintiff, through JOSEPH F. RUGGIERI, his attorney, complaining of the defendant, respectfully shows to this Court and alleges:
FIRST: That at all the times hereinafter mentioned, 14th Street and Third Avenue were public streets, thoroughfares and highways in the Borough of Manhattan, City, County and State of New York.
SECOND: Upon information and belief, that the motor vehicle mentioned in paragraphs marked “Third” and “Fourth” hereof was a Dodge coupe, bearing license number 9N661 N. Y. 1927, and was, at the times mentioned in said paragraphs “Third” and “Fourth” hereof, owned, controlled, managed and operated by the defendant.
THIRD: That on or about the first day of August, 1927, and at about the hour of 10.55 A. M., the said motor vehicle was proceeding at or near the intersection of 14th Street and Third Avenue, in the Borough of Manhattan, City, County and State of New York, in charge of said defendant, so operating and driving the said motor vehicle for and in and about the business of the said defendant.
FOURTH: That on or about the first day of August, 1927, and at about the hour of 10.55 A. M., while the plaintiff in the exercise of due care and caution was crossing Third Avenue, at or near the intersection thereof with 14th Street, in the Borough of Manhattan, City, County and State of New York, the defendant so recklessly, negligently and carelessly conducted himself
towards the plaintiff in the conduct, operation, management, maintenance or control of the said motor vehicle, which was being driven at the intersection of the said streets, in that, among other things, the said motor vehicle was being driven at a high, reckless and unlawful rate of speed; that there was no gong, whistle, horn or other notice, warning or signal whatsoever given of the approach of the said motor vehicle; that there was a failure to keep the said motor vehicle under reasonable and proper control and management and to check the speed thereof, and stop the same in order to avoid running into and colliding with the plaintiff, who was crossing at the intersection of the above-mentioned streets, and striking and crushing the plaintiff by reason thereof, and to comply with the law and ordinances of the City of New York, and other rules and regulations with respect to the operation of the motor vehicles on the streets and highways of the City of New York; that the speed of said motor vehicle could not be checked and the same could not be stopped because of the defects in the mechanism or make-up thereof; and that the defendant failed to observe the plaintiff while crossing at the intersection of the above-mentioned streets and drove the said motor vehicle without looking ahead or about him in the direction in which said motor vehicle was proceeding; that the said motor vehicle was caused and permitted, and did, with great force and violence, strike, knock down and crush the plaintiff, as a result of all of which the plaintiff sustained serious, painful, and lasting injuries hereinafter alleged.
FIFTH: That the plaintiff was free from contributory negligence and the injuries he so sus
tained were caused solely by the recklessness, carelessness and negligence of the defendant, in the control of the said motor vehicle, and in charge of the maintenance and repair thereof.
SIXTH: That as a result of such occurrence, plaintiff was seriously wounded, bruised, contused and rendered sick, sore, lame and disabled, suffered from a nervous and mental shock, as a result of which he was compelled to secure medical attendance in endeavoring to be cured and relieved from such injuries, and was prevented
from attending to his usual or ordinary occupa17 tion, all to his damage in the sum of Twenty
Thousand ($20,000.00) Dollars.
WHEREFORE plaintiff demands judgment against the defendant for the sum of Twenty Thousand ($20,000.00) Dollars, together with the costs and disbursements of this action.
JOSEPH F. RUGGIERI,
350 Broadway, Borough of Manhattan,
City of New York.
(Verified August 16, 1927.)
The defendant above named, by WILLIAM A. EARL, his attorney, answering the complaint of the plaintiff herein:
FIRST: Denies upon information and belief the allegations contained in the paragraphs or