Cristiano v. Millers
Superior Court of Buffalo
Action by Augustino Cristiano, by guardian, against Annie E. Millers and others, to recover for personal injuries. The court granted a nonsuit, and a motion for new trial upon a case and exceptions was ordered to be heard at the general term in the first instance.
1Opinion of the CourtHatch, J.
The record does not disclose what disposition was made of defendants’ motion for a nonsuit, and it is not clear that any exception was taken to any ruling. Brief of defendants’ counsel states that the court granted a nonsuit, and the parties have appeared in court, and argued the motion upon that supposition, without objection. We conclude, therefore, to entertain the motion. The record discloses that plaintiff, an infant between eight and nine years of age, in company with his sister, visited defendants’ brewery for the purpose of obtaining a load of “brewery slops.” The usual place of…
2Cases cited8 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Cusick v. . AdamsNew York Court of Appeals · 1889
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
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3Cited by2 opinions
- Carey v. GraySupreme Court of New Jersey · 1922
- Demetry v. Borderland Farm, Inc.Appellate Division of the Supreme Court of the State of New York · 2001