Birkett v. . Knickerbocker Ice Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiff, entered on the verdict of a jury. (Reported below, 41 Hun, 404.) The facts are sufficiently stated in the opinion. It was error not to direct a verdict for the defendant, on the ground of contributory negligence on the part of the parents.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiff, entered on the verdict of a jury. (Reported below, 41 Hun, 404.) The facts are sufficiently stated in the opinion. It was error not to direct a verdict for the defendant, on the ground of contributory negligence on the part of the parents. (Davenport v. B. C. R. R. Co., 100 N. Y. 632; Young v. N. Y., L. E., etc., R. R. Co., 107 id. 500; Woodward v. N. Y., L. E., etc., R. R. Co., 106 id. 369; Wendell v. N. Y.…
1Opinion of the CourtEarl, J.
The plaintiff claims that the intestate came to her death from the carelessness of the defendant, and he has brought this action to recover “ compensation for the pecuniary injuries ” resulting from the death to her next of .kin. The intestate was plaintiff’s daughter, and at the time of. her death was four and one-half years old. The horses attached to one of defendant’s ice wagons were driven against her at a street crossing where Franklin and Java streets, in the city of Brooklyn, intersect, and she was thus fatally injured. If the intestate had been an adult, we think the evidence would…
2Cases cited3 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Murphy v. . OrrNew York Court of Appeals · 1884
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- Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909
- Parilis v. FeinsteinNew York Court of Appeals · 1980
- Fox v. Oakland Consolidated Street RailwayCalifornia Supreme Court · 1897
- Meyers v. BradfordCalifornia Court of Appeal · 1921
- West Chicago Street Railroad v. LidermanIllinois Supreme Court · 1900
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