Legal Opinion

Boronkay v. Robinson & Carpenter

New York Court of Appeals

Decided February 14, 1928PublishedCited by 44 opinions

1Opinion of the CourtLehman, J.

The defendant delivered coal at the home of the plaintiff in the city of Ithaca. The defendant’s coal truck stopped on the left-hand side of the curb. The driver of the truck with his helper carried the coal in bags to a coal bin in the rear of the house. The plaintiff’s son, a boy about four years of age, followed the men back and forth as they carried the bags of coal. When the coal had been delivered the driver started the truck. In some manner the plaintiff’s son was thrown under the wheels of the truck and killed. There is evidence that the boy was standing at the curb, and was caught by…

2Cases cited2 opinions

  1. Martin v. HerzogNew York Court of Appeals · 1920
  2. Dicaprio v. . N.Y.C.R.R. Co.New York Court of Appeals · 1921

3Cited by44 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Sheehan v. City of New YorkNew York Court of Appeals · 1976
  3. Ross v. HartmanCourt of Appeals for the D.C. Circuit · 1943
  4. Spivey v. St. Thomas HospitalCourt of Appeals of Tennessee · 1947
  5. Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953

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