Jacobs v. H. J. Koehler Sporting Goods Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 8, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The deceased, being over fourteen years of age, was chargeable with the same degree of care and caution as an adult, and the learned trial court erred in refusing to so instruct the jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 8, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The deceased, being over fourteen years of age, was chargeable with the same degree of care and caution as an adult, and the learned trial court erred in refusing to so instruct the jury. (Tucker v. N. Y. C. & H. R. R. R. Co., 124 N. Y. 308; McGrell v. Buffalo Office Bldg. Co., 153 N. Y. 265; Reynolds v. N. Y. C.…
1Opinion of the Court
Culler, Oh. J.
This action was brought by the father as administrator of a boy fourteen years of age, who was killed by the defendant’s automobile, to recover damages for the death. It would be without profit to relate the circumstances of the accident. It is sufficient to say that both the negligence of the defendant’s servant and the absence of contributory negligence on the part of the deceased were questions of fact. The case was, therefore, properly for the jury to. determine.
But one question is presented by this appeal which v/e are required to notice. The learned trial judge charged: “…
2Cases cited6 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Thompson v. Buffalo Railway Co.New York Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Camardo v. New York State RailwaysNew York Court of Appeals · 1928
- Trudell v. New York Rapid Transit Corp.New York Court of Appeals · 1939
- Martinez v. CR Davis Contracting CompanyNew Mexico Supreme Court · 1964
- Hammer v. Bloomingdale Bros.Appellate Division of the Supreme Court of the State of New York · 1926
- Payne v. BlevinsCourt of Appeals for the Fourth Circuit · 1922
14 more not listed; retrieve them via the Exa API.