Legal Opinion

Guichard v. New

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

Decided July 1, 1896PublishedCited by 6 opinions

Appeal by the defendant, Jacob Hew, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 18th day of June, 1895, upon the verdict of a jury rendered after a trial at the Hew York Circuit, and also from an order entered in said clerk’s office on the 18tli day of June, 1895, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, Jacob Hew, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 18th day of June, 1895, upon the verdict of a jury rendered after a trial at the Hew York Circuit, and also from an order entered in said clerk’s office on the 18tli day of June, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover the damages occasioned to the infant plaintiff, by reason of an accident occurring in the use of an elevator owned by the defendant in the…

1Opinion of the Court

Patterson, . J.:

When this case was before the General Term on a former appeal (84 Hun, 55), it was held that the plaintiff was not a trespasser, upon the premises, and also that there was evidence which should have been submitted to the jury respecting the negligence imputed to the defendant in consequence of the construction and operation of the elevator. . The attention of the court was more particularly directed to those two questions, although it also considered' the subject of the degree of care required from an infant of the plaintiff’s age and understanding. But upon the record that is…

2Cited by6 opinions

  1. Basmajian v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1925
  2. Derringer ex rel. Derringer v. TatleyNorth Dakota Supreme Court · 1916
  3. White v. Board of EducationNew York Supreme Court · 1933
  4. Martin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1926
  5. Martin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1926

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