Newdoll v. Young
New York Supreme Court
Appeal from circuit court, Kings county. Action by Solomon Newdoll, as administrator, against Julia Young and John Thatcher, to recover damages for the death of plaintiff’s intestate, alleged to have been caused by defendants’ negligence. The complaint was dismissed as to each defendant, and plaintiff appeals. Affirmed.
1Opinion of the CourtDykman, J.
This is an action for negligence. The charge in the complaint against the defendant Julia Young is that she carelessly maintained a sandpit or excavation upon her land, and permitted various persons to take and carry away sand therefrom, and allowed the sand to be taken from an overhanging bank without support, without fencing or guarding the same in any way. The charge against the defendant Thatcher is that he carelessly excavated underneath a portion of the sandpit, and left it open and exposed. It is then stated that the child of the plaintiff, under seven years of age, entered the…
2Cited by6 opinions
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- People v. Joseph, New York County Courts1958
- Howell v. Illinois Central RailroadMississippi Supreme Court · 1897
- Jaffy v. New York Central & Hudson River RailroadNew York Supreme Court · 1922
- Follert v. EriksonAppellate Division of the Supreme Court of the State of New York · 1913
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