Nudelman v. Borden's Condensed Milk Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment in favor of defendant dismissing the complaint at the close of plaintiff’s case, after trial by a judge without a jury in the Municipal Court of the city of Mew York, borough of Manhattan, second district.
1Opinion of the CourtBijub, J.
The facts in this case are simple. Defendant’s driver asked plaintiff to watch his horse while he delivered some goods, and promised to give him a ride in return therefor. When he returned to his wagon, he told the boy to step up on the step and then drove rapidly over the stones. The boy called to him that he'was in danger, but the driver, without slacking, told the boy to' jump off, which the boy did not do but was finally jolted off and injured.
The dismissal of the complaint was based by the learned court below expressly on two considerations:
1. That a judgment entered in the Federal Court…
2Cases cited6 opinions
- Clark v. . ScovillNew York Court of Appeals · 1910
- Grimshaw v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1912
- Gunderson v. Eastern Brewing Co.New York Supreme Court · 1911
- McDonald v. Hygienic Ice & Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Kaplan v. Friedman Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Anglo California National Bank v. KleinNew York Supreme Court · 1936
- Higbee Co. v. JacksonOhio Supreme Court · 1920
- Kane v. Sperry & Beale Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Nudelman v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Nudelman v. Borden's Milk Co.Appellate Division of the Supreme Court of the State of New York · 1913