Jack v. McCabe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Grace L. McCabe, as administratrix, etc., of Lawrence McCabe, deceased, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of July, 1900, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 2d day of July, 1900, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The respondent, a boy about eight years old, while playing in a public street in the city of New York was struck by a brick which appears to have come from a building then being constructed. The plaintiff testified that he was playing upon some sand in the street when he was struck on the head. He did not see the brick, or whatever it was that struck him, nor did he know where the article came from. There was another witness called for the plaintiff who testified that he was standing on the opposite sidewalk from where the boy was playing; that he did not see the brick strike the…
2Cases cited3 opinions
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
- Wolf v. American Tract SocietyAppellate Division of the Supreme Court of the State of New York · 1898
- Dohn v. . DawsonNew York Court of Appeals · 1898
3Cited by4 opinions
- Tobias v. LewisAppellate Division of the Supreme Court of the State of New York · 1918
- Zettel v. TaylorAppellate Division of the Supreme Court of the State of New York · 1908
- Kesten v. Einhorn & Singer Development Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- Miller v. Levering & Garrigues Co.Appellate Division of the Supreme Court of the State of New York · 1911