Pittel v. Burkhard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob Burkhard, from a judgment of ■ the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 14th day of December, 1906, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the loth day of December, 1906,. denying-the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
This action is brought to recover damages sustained by an infant six years of age in consequence of being run over by one of defendant’s loaded trucks. There is sufficient evidence to sustain the finding of negligence on the part of .defendant’s driver of the truck, and that at the time of the accident the' driver was the servant of defendant. The learned trial justice submitted to the jury as a question of fact whether the infant was sui juris or non sui juris, charging them that “If yon find that the driver of this truck was the servant of Jacob Burkhard, the defendant, and that he…
2Cases cited2 opinions
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Kaplan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904