Hackett v. Edwards, Merrill & Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment for $80, rendered in the Municipal Court of the city of New York, borough of Manhattan, ninth district, upon a trial had before the court without a jury. The nature of the action and the material facts are stated in the opinion.
1Per curiam
This action was brought to recover damages claimed to have been sustained by plaintiff, in consequence of an injury to his infant son, through the alleged negligénce of the defendant’s servants. The pleadings were in writing and the answer, besides containing a general denial, averred contributory negligence.
The proofs were sufficient to warrant the justice in finding that • the tail-board of the ice wagon was down while the defendant’s servants were in the butcher shop, and that in consequence thereof one of the cakes of ice fell out of the wagon upon plaintiff’s son while he was upon the…
2Cases cited2 opinions
- Flandrow v. . HammondNew York Court of Appeals · 1895
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
3Cited by1 opinion
- City of New York v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1900