Levison v. Bernheimer
City of New York Municipal Court
Appeae by the plaintiff from a judgment in favor of the defendants for costs, upon a verdict in favor of the plaintiff for five dollars, and also from an order denying plaintiff’s motion for a new trial.
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Appeae by the plaintiff from a judgment in favor of the defendants for costs, upon a verdict in favor of the plaintiff for five dollars, and also from an order denying plaintiff’s motion for a new trial. The action was brought to recover damages for personal injuries sustained by the plaintiff, a child aged six and one-half years, from the negligence of the driver of defendants’ truck, who permitted one of the horses to place his forelegs on the sidewalk and strike the child in the back, he being two feet inside the curb.
1Opinion of the CourtO’Dwyer, J.
The verdict of five dollars in favor of the plaintiff should be set aside as insufficient. By its verdict the jury have said that the plaintiff sustained injuries by reason of the negligence of the defendants, and without any negligence on the part of the plaintiff contributing thereto, and that those injuries were received in the manner claimed by the plaintiff. It appears from the testimony of Dr. Bosenbaum, the defendants’ witness, that, shortly after the accident, the plaintiff was brought to the dispensary, and that the physician in charge examined him and found a lacerated scalp wound,…
2Cases cited3 opinions
- Tuomey v. O'reilly, Skelly & Fogarty Co.New York Court of Common Pleas · 1893
- Schuler v. Third Avenue RailroadNew York Court of Common Pleas · 1892
- Tyler v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1896