Bonadoa v. Third Ave. R.
New York Court of Common Pleas
Action by Louis Bonadoa, by Lorence Bonadoa, his guardian ad litem, against the Third Avenue Railroad Company, for damages for personal injuries caused by one of defendant’s cable cars. Plaintiff moves for leave to sue as a poor person, under Code Civ. Proc- § 458. Granted on condition.
1Opinion of the CourtDaly, C. J.
Petition for leave to sue as poor person. I am-constrained by a late decision of this court, at special term (Shapiro v. Burns, 7 Misc. Rep. 418, 27 N. Y. Supp. 980), to grant this application of the infant plaintiff for leave to sue as a poor person. But I am of opinion that the case was never within the intention of the legislature, for the term “poor person” cannot be construed to include a child whose parent is possessed of ample means to prosecute his action. Such a child is not “an object of charity;” a judicial definition of the term “poor person,” as adopted by the courts. Isnard v.…
2Cases cited2 opinions
- Isnard v. CazeauxNew York Court of Chancery · 1828
- Shapiro v. BurnsNew York Court of Common Pleas · 1894