Goldberg v. Borden's Condensed Milk Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Borden’s Condensed Milk Company, 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 18th day of February, 1918, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 14th day of February, 1918, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Borden’s Condensed Milk Company, 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 18th day of February, 1918, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 14th day of February, 1918, denying defendant’s motion for a new trial made upon the minutes. About five-thirty a. m., Sunday, August 27, 1916, Hyman Goldberg, aged twelve, at the comer of Marcy avenue and South Fifth street, Brooklyn, was awaiting the arrival of Sunday papers which…
1Opinion of the Court
Putnam, J.:
The question here is as to plaintiff’s status as an invitee. Clearly the driver had no right or authority to let plaintiff ride with him. Unlike a public carrier like a railroad or
*224omnibus company, milk wagons are not held out to the public to carry passengers. If, in spite of the defendant’s rules, posted notices, regulations, and the laws of the State, drivers deceive their employers, and let boys of twelve assist, except when inspectors are in sight, it cannot be held that such invitation or permission is within defendant’s authority, real or apparent. All persons are deemed…
2Cases cited3 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Grimshaw v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1912
- People ex rel. Price v. Sheffield Farms-Slawson-Decker Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by4 opinions
- Barrett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Woerz v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1920
- Bedell v. New York Sand & Facing Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Kokotoff v. SharerAppellate Division of the Supreme Court of the State of New York · 1919