Legal Opinion

La Rose v. Shaughnessy Ice Co.

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

Decided July 7, 1921PublishedCited by 9 opinions

Appeal by the' plaintiff, Brooks T. La Rose, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 4th day of June, 1920, upon the disniissal of the complaint at the close of plaintiff’s case.

1Opinion of the Court

Woodward, J.:

The plaintiff, a boy about ten years of age, appearing by his guardian ad litem, was seriously injured on the 28th day of September, 1918, in the city of Troy, while alighting from an automobile truck. In company with a boy fifteen years of age, who had been sent by the plaintiff’s father to look after him, the plaintiff, in returning from a Liberty Loan parade, climbed upon an automobile truck owned and operated by the defendant, and in the immediate charge of one Harold Esmond, who was at the time about sixteen years of age. The plaintiff climbed upon the seat with the driver,…

2Cases cited3 opinions

  1. Village of Fort Edward v. . FishNew York Court of Appeals · 1898
  2. Peck v. . BurrNew York Court of Appeals · 1851
  3. Gallenkamp v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by9 opinions

  1. Morris v. PeytonSupreme Court of Virginia · 1927
  2. Corbett v. ScottNew York Court of Appeals · 1926
  3. Glover v. DixonCourt of Appeals of Georgia · 1940
  4. Morris v. SandersCourt of Appeals of Texas · 1932
  5. Rice v. SpencerNew York Supreme Court · 1963

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