McRorie v. . Monroe
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 24, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court committed reversible error in excluding proper and competent testimony offered by defendant.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 24, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court committed reversible error in excluding proper and competent testimony offered by defendant. (Hendrick v. State, 10 Humph. [Tenn.] 479; Donaldson v. Alexander, 29 Misc. Rep. 356; Reed v. McCord, 18 App. Div. 381; Cook v. Barr, 44 N. Y. 156; Patchin v. A. M. L. Ins. Co., 13 N. Y. 268;…
1Opinion of the CourtWillard Bartlett, J.
At the time of the accident which gave rise to this action, on August 8, 1907, the plaintiff was a lad six years of age, residing with his parents on Midler avenue, in East Syracuse. Early in the afternoon he was out on that street drawing a little express wagon, such as children play with. His brother, three years old, was with him. The boys were walking toward James street, down the side of the road, when a team overtook them driven by a teamster in the employment of the defendant. The horses were drawing a dump wagon. The forward wheel next to the plaintiff passed him without touching him,…
2Cases cited6 opinions
- Reed v. . McCordNew York Court of Appeals · 1899
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- O'Neil v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1891
- Baber v. RickartIndiana Supreme Court · 1876
- Johnson v. PowersSupreme Court of Vermont · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Archer v. OstemeierIndiana Court of Appeals · 1914
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1980
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 1953
- People v. MiroNew York Court of General Session of the Peace · 1934
- People v. RobinsAppellate Division of the Supreme Court of the State of New York · 1934
5 more not listed; retrieve them via the Exa API.