Dunn v. Ruppert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob Ruppert, 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 3d day of June, 1914, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Dissent
McLaughlin, J. (dissenting):
I dissent. The plaintiff, at the time the accident occurred, was upwards of eighteen years of age and had had something *394like three years’ experience in the work in which he was then engaged. I think it was error for the court to instruct the jury as matter of law that “ as the plaintiff here is an infant, the law does not require that he conduct himself in the way in which an adult would conduct himself; that is, a person of full age. ” The degree of care which plaintiff was bound to exercise, under the circumstances, was a question of fact to be passed upon by the…
2Cases cited1 opinion
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903