Legal Opinion

Geraty v. National Ice Co.

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

Decided July 1, 1897PublishedCited by 18 opinions

Appeal by tbe defendant, The Rational Ice Company of Rew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in tbe office of tbe clerk of the county of Rew York on tbe 21st day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the- 22d day of October, 1896, denying the defendant’s motion for a new trial made upon tbe minutes.

1Opinion of the Court

Rumsey, J.:

On the 25th of August, 1895, the plaintiff, a child aged nine years, while crossing on Forty-third street from the north to the ' south side, a short distance west of Third avenue, was struck by a heavy cake of ice which fell upon her from the defendant’s wagon, and was very seriously injured. In an action brought to *176recover damages for these injuries, she had a verdict upon which . this judgment was entered, and the court denied the motion for a new trial. The appeal from that determination coming on to be heard here is based largely upon the proposition that, at the time this…

2Cases cited3 opinions

  1. Cosgrove v. . OgdenNew York Court of Appeals · 1872
  2. Quinn v. . PowerNew York Court of Appeals · 1882
  3. Sheridan v. CharlickNew York Court of Common Pleas · 1872

3Cited by18 opinions

  1. Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
  2. Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
  3. Brinkman v. ZuckermanMichigan Supreme Court · 1916
  4. Staff v. Montana Petroleum Co.Montana Supreme Court · 1930
  5. Stolte v. LarkinCourt of Appeals for the Eighth Circuit · 1940

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