McEvoy v. Lommel
Appellate Division of the Supreme Court of the State of New York
Ingraham and Laughmn, JJ., dissented on other grounds. Appeal by the plaintiff, Eleanor McEvoy, infant, by her guardian ad litem, William E. McEvoy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of May, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of J une, 1902, denying the plaintiff’s motion for a new trial made upon the…
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Ingraham and Laughmn, JJ., dissented on other grounds. Appeal by the plaintiff, Eleanor McEvoy, infant, by her guardian ad litem, William E. McEvoy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of May, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of J une, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J. :
By this action damages are sought to be recovered for injuries sustained through the claimed negligent acts of the defendant.
The plaintiff at the time of receiving the injuries was an infant of about five years and seven months of age. She was playing with some other children upon the street in front of the premises occupied by her parents in West One Hundred and Eighteenth street, between Eighth and St. Nicholas avenues, in the city of New York. While so playing she stepped into the street about a foot and a half from the curb and was there run down by a butcher’s wagon, owned by…
2Cases cited5 opinions
- Patchin v. . the Astor Mutual Insurance Co.New York Court of Appeals · 1855
- Height v. . the PeopleNew York Court of Appeals · 1872
- Jamieson v. N. Y. & Rockaway Beach Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Foggett v. FischerAppellate Division of the Supreme Court of the State of New York · 1897
- Immaculate Conception Church v. ShefferNew York Supreme Court · 1895
3Cited by5 opinions
- Hastings v. Chrysler Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- In re the Contested Will of HockNew York Surrogate's Court · 1911
- People v. RiccardiNew York Court of Appeals · 1941
- In re Hock's WillNew York Surrogate's Court · 1911
- Collender v. ReardonAppellate Terms of the Supreme Court of New York · 1910