Napiearlski v. Pickering
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKimball, J.
In these actions the infant plaintiff and her father sought to recover damages from the defendant in negligence on the ground that his stepson, an infant of tender years, discharged a .22 calibre rifle, striking the infant plaintiff in the arm. The accident occurred in defendant’s home and the only witnesses were the two children who told different stories as to what happened. At the time of the trial, the infant plaintiff was eight years of age and the defendant’s stepson was nine. Neither of these children were sworn but, without objection, they were permitted to be examined and…
2Cases cited15 opinions
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- Steinberg v. CauchoisAppellate Division of the Supreme Court of the State of New York · 1937
- Travell v. . BannermanNew York Court of Appeals · 1903
- Kuchlik v. FeuerAppellate Division of the Supreme Court of the State of New York · 1933
- Gudziewski v. StempleskyMassachusetts Supreme Judicial Court · 1928
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3Cited by17 opinions
- Hecht v. MonaghanNew York Court of Appeals · 1954
- Holodook v. SpencerNew York Court of Appeals · 1974
- Abrams v. BerelsonAppellate Division of the Supreme Court of the State of New York · 2012
- Gordon v. HarrisAppellate Division of the Supreme Court of the State of New York · 1982
- Brahm v. HatchAppellate Division of the Supreme Court of the State of New York · 1994
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