Legal Opinion

Carr v. Merchants' Union Ice Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1904PublishedCited by 1 opinion

Appeal by the defendant, The Merchants’ Union Ice Company, 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 23d day of May, 1903, upon the verdict of a jury for $900, and also from an order entered in said clerk’s office on the 28th day of May, 1903, denying the defendant’s motion fór a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J. :

This is a statutory action to recover zfor the death of Hazel Carr,, an infant two years two months and six days old, alleged to have been caused by the negligence of the driver of one of the defendant’s ice wagons.

On the afternoon of the 31st day of July, 1902, the mother of the decedent was at the street door of No. 342 West Thirty-sixth street, where she resided with her daughter Ella, who was a little-over four years of age, and the decedent. Ella asked her mother for something to eat and the mother, according to. her testimony, after directing Hazel to sit down and Ella to…

2Cases cited2 opinions

  1. Lafferty v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
  2. Lafferty v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1903

3Cited by1 opinion

  1. Toohey v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905

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