Elze v. Baumann
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by William Elze, by his guardian, against Edward Baumann,, for personal injuries. Judgment was entered dismissing the complaint upon the direction of the trial judge. Plaintiff appeals. Reversed.
1Opinion of the CourtMcADAM, J.
The action was brought to recover $10,000 damages-for injuries received by the plaintiff by being knocked down and run over by a two-horse truck driven by a servant of the defendant. It appears that the plaintiff, a boy then six years of age, started to cross-Avenue A, at Fifteenth street, July 19, 1889, when the defendant’s two-horse truck, in charge of his driver, was being driven up the avenue on-the further side from "where the boy was. Just as the boy stepped down-onto the crossing, the defendant’s team suddenly swerved to the left, and, though the boy tried to recover himself and get…
2Cases cited34 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Hartfield v. RoperNew York Supreme Court · 1839
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
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3Cited by2 opinions
- Bello v. Metropolitan St. R.The Superior Court of the City of New York and Buffalo · 1895
- Walther v. American Dist. Tel. Co.The Superior Court of the City of New York and Buffalo · 1895