Joyce v. Washington Storage Warehouse and Van Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Joyce, 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 25th day of February, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of March, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Dowling, J.:
This action was brought to recover damages claimed to have been sustained by Joseph Joyce, an infant, by reason of the negligence of an employee of the defendant in driving a van drawn by a team of horses on Eighth avenue in the borough of Manhattan, city of New York, as the result of which the infant was struck and injured. The case was submitted to the jury that it might decide two issues: First, was the accident due to the negligence of the defendant or that of the boy; second, was a certain release executed by the boy and by his mother intended to release not only the mother’s…
2Cases cited2 opinions
- Greenburg v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1914
- Heiter v. JolineAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Valdimer v. Mount Vernon Hebrew Camps, Inc.New York Court of Appeals · 1961
- Valdimer v. Mount Vernon Hebrew Camps, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- Gordon v. AgaronianNew York Supreme Court · 1957
- In re the Estate of YoungNew York Surrogate's Court · 1936