Link v. Sheldon
New York Supreme Court
Appeal from circuit court, Onondago county. Action by Harry W. Link, by his guardian, against Jay W. Sheldon and another for malpractice. From judgment entered on a verdict in favor of plaintiff, and from an order denying a motion made on the minutes fora new trial, defendants appeal.
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Appeal from circuit court, Onondago county. Action by Harry W. Link, by his guardian, against Jay W. Sheldon and another for malpractice. From judgment entered on a verdict in favor of plaintiff, and from an order denying a motion made on the minutes fora new trial, defendants appeal. The evidence showed that on July 25, 1890, plaintiff, then being about 12 years old, was playing in the hay loft of a barn, and fell to the barn floor, a. distance of about 11 feet; thereby breaking his right arm near the wrist. Defendants were called in to attend to it. The claim of plaintiff is that defendants…
1Opinion of the CourtMerwin, J.
In this case, upon the evidence, it was clearly a question of fact whether the plaintiff had sustained an injury by reason of the want of proper skill or care on the part of defendants, within the rule applicable to such cases, (Carpenter v. Blake, 10 Hun, 358,) as was also the question whether the negligence or misconduct of the plaintiff or his parents contributed to the result. The motion for a nonsuit was therefore properly denied. We have-examined the cases cited by the counsel for defendants upon this subject, but find nothing that would call for a different conclusion. ■
It is claimed…
2Cases cited5 opinions
- Carpenter v. . BlakeNew York Court of Appeals · 1878
- People v. . McElvaineNew York Court of Appeals · 1890
- Roche v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1887
- Carpenter v. BlakeNew York Supreme Court · 1871
- In re MasonNew York Supreme Court · 1891
3Cited by3 opinions
- Scott v. Astoria RailroadOregon Supreme Court · 1903
- State v. BlackburnSupreme Court of Iowa · 1908
- Lorenz v. JacksonNew York Supreme Court · 1895