Gerber v. Boorstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the" plain tiff, William "GeHerj ah infant, by Abraham Gerber, his guardian ad litem, from a judgment of the Supreme Court in favor of tile defendant,' entered in the office of the clerk of" the county of Kings on "the loth day óf' March, 1905, upon the dismissal of the complaint by direction of"the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Gaynor, J.:
The facts which the jury could have found are that the plaintiff, a nine years old boy, started to cross, the street 75 feet from the corner of another street; that the first rail of the street car tracks was 13 feet from the curb; that as the plaintiff stepped from the cui’b the defendant’s team turned the said corner into the street and came along fast in the left-hand car track, viz., the one next to the plaintiff; that the plaintiff cleared the left-hand horse, viz.,'the one nearer the curb, but was hit by the off horse and knocked down.
Even if the plaintiff had been an adult…
2Cases cited1 opinion
- People ex rel. Morey v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Hebert v. Hudson River Electric Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Grealish v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Quinlan v. Richmond Light & RailroadAppellate Division of the Supreme Court of the State of New York · 1909