Beyer v. Clark
The Superior Court of the City of New York and Buffalo
At chambers. Action by Anna Beyer, an infant, by Elizabeth Beyer, her guardian ad litem, against Thomas B. Clark, for personal injuries. Plaintiff moved for leave to sue in forma pauperis. Motion denied.
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At chambers. Action by Anna Beyer, an infant, by Elizabeth Beyer, her guardian ad litem, against Thomas B. Clark, for personal injuries. Plaintiff moved for leave to sue in forma pauperis. Motion denied. In opposition to the motion, defendant presented the affidavits of two girls, employes of defendant, in which they stated that plaintiff voluntarily, and against their remonstrances, placed herself on the revolving shaft by which she was injured, saying that she was going to have a ride, and, after she was hurt, said it was her own fault. He also presented the affidavit of two other employes…
1Opinion of the CourtMcADAM, J.
The plaintiff, an infant, 16 years of age, was injured by a revolving shaft in defendant’s factory, and sues for damages. In order to recover, she must satisfactorily establish, not only the defendant’s negligence, but her own freedom from fault. She now moves for leave to sue in forma pauperis. The application is opposed by the affidavits of four fellow servants,—working girls,—all of whom swear that the plaintiff, notwithstanding their remonstrance, voluntarily put herself on the shaft, saying she was going to have a swing. Unless the disinterested evidence of these four witnesses is…
2Cases cited1 opinion
- Harris v. Mutual Life InsuranceNew York Supreme Court · 1891
3Cited by1 opinion
- Saltzman v. NorthropCity of New York Municipal Court · 1896