Goldberg v. . Borden's Condensed Milk Co.
New York Court of Appeals
Appeal .from a judgment, entered December 12, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was clearly hable to the plaintiff for the injuries sustained b'y him through the negligence of the driver.
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Appeal .from a judgment, entered December 12, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was clearly hable to the plaintiff for the injuries sustained b'y him through the negligence of the driver. (Eaton v. D., L. & W. R. R. Co., 57 N. Y. 382; Grimshaw v. L. S. & M. S. R. R. Co., 205 N. Y. 371; Barry v. N. Y. C. & H. R. R. R.…
1Opinion of the CourtMcLaughlin, J.
The plaintiff, a newsboy about eleven years of age, early in the morning on the 27th of August, 1916, was standing on the corner of Marcy avenue and South Fifth street in the city of Brooklyn, • N. Y., waiting for a newsdealer to deliver papers to him. While standing there a milk wagon of the defendant, driven by one Huber, a regular driver and route salesman whom he knew, came along Marcy avenue and stopped on the corner of South Fifth street, with the right side of the wagon about a foot from the curb. Huber called to the plaintiff to have a ride. Thereupon plaintiff crossed the street,…
2Cited by15 opinions
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- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Clark v. Harnischfeger Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Albers v. Shell CompanyCalifornia Court of Appeal · 1930
- Hartman v. Badger Tobacco Co.Wisconsin Supreme Court · 1933
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