Legal Opinion

Coleman v. Robert Graves Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1904PublishedCited by 4 opinions

Appeal, in the first above-entitled action, by the plaintiff, Annie Coleman, by her guardian ad litem, George Coleman, and in the second above-entitled action by the plaintiff, George Coleman, in each action from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 5th day of November, 1902, upon the dismissal of the-complaint by direction of the court after a trial at the Kings .County Trial Term, and…

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Appeal, in the first above-entitled action, by the plaintiff, Annie Coleman, by her guardian ad litem, George Coleman, and in the second above-entitled action by the plaintiff, George Coleman, in each action from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 5th day of November, 1902, upon the dismissal of the-complaint by direction of the court after a trial at the Kings .County Trial Term, and also in each action from an order entered in said clerk’s office on the 30th day of October, 1902, denying the motion…

1Opinion of the Court

Woodward, J.:

Annie Coleman, an infant, by her guardian, and George Coleman, father of Annie Coleman, bring actions to recover damages-for the injury to Annie Coleman, alleged to have been due to the negligence of the defendant, acting through its agents or employees,, in burning up rubbish on its premises. The infant plaintiff, a girl something over nine years of age, was1 seriously burned by reason of' coming in contact with the fire while overhauling the embers for the purpose of picking out brass from the pile, and both complaints-were dismissed and motions for new trials denied, upon the…

2Cases cited2 opinions

  1. Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
  2. Coleman v. Robert Graves Co.New York Supreme Court · 1902

3Cited by4 opinions

  1. Specht v. Waterbury Co.New York Supreme Court · 1911
  2. Eason v. StateNew York Court of Claims · 1951
  3. Courtell v. McEachenCalifornia Supreme Court · 1959
  4. Courtell v. McEachenCalifornia Supreme Court · 1959

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