Miller v. Wanamaker
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Adolph Miller, an infant, by Philip Miller, his guardian ad litem, against John Wanamaker, New York, for personal injuries. From a judgment for plaintiff; defendant appeals.
1Opinion of the CourtGildersleeve, P. J.
There is no substantial dispute over the facts in this case. The plaintiff, on November 11, 1907, was engaged to deliver some baskets to the defendant. He had them upon a small express wagon, to which one horse was attached. He drove to defendant’s place of business, and on arriving at the yard, where the goods were to be delivered, was directed by a man in the employ of defendant to back his wagon into a certain place, where the baskets were to be unloaded. The plaintiff- was not in the employ of defendant. As he was about to back into the yard, a driver of one of defendant’s wagons asked…
2Cases cited2 opinions
- Girvin v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
- Froomkin v. Brooklyn Daily Eagle Co.Appellate Division of the Supreme Court of the State of New York · 1906