Gunsburger v. Kristeller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Gunsburger, as administrator, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 16th day of March, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jaycox, J.:
This action is brought to recover damages for the death of an infant who was run over and killed by the defendant’s automobile. At the time of the happening of the accident the infant was nine years and nine months of age.
The only question involved in the case is as to whether the plaintiff was entitled to have the jury charged that there was a presumption of fact that the decedent was non sui juris. The defendant claimed that the child was a sick child, under the doctor’s care, suffering from nervousness, while the plaintiff says that she was healthy and bright for her age. The…
2Cases cited9 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
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