Schaffer v. Baker Transfer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Baker Transfer Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of December, 1897, for $6,000 damages, and also from an order entered in said clerk’s office on the 16th day of December, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O'Brien, J.:
The plaintiff in this action seeks to recover under the statute damages for the death of his son, based upon the alleged negligence of the defendant. The question presented on this appeal is as to whether the plaintiff sustained the burden of proof by showing affirmatively that the death was due solely to the negligence of the defendant. The appellant contends that there was a failure to prove the defendant’s negligence, or that the negligence of the boy did *460not contribute to the accident. A statement of the facts, however, will show that upon both these questions there was a…
2Cited by6 opinions
- Elgin Dairy Co. v. ShepherdIndiana Supreme Court · 1915
- Fornaro v. Jill Bros.New York Supreme Court · 1964
- Connaughton v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
- Connolly v. BreweryAppellate Division of the Supreme Court of the State of New York · 1916
- Connolly v. Clausen-Flanagan BreweryAppellate Division of the Supreme Court of the State of New York · 1916
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