Legal Opinion

Hack v. Dady

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

Decided October 12, 1909PublishedCited by 6 opinions

Appeal by the defendant, Michael J. Dady, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of said county on the 23d day of December, 1908, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 24th day of December, 1908, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Jenks, J.:

When the plaintiff, with her two young children, was passing in a city street where the defendant in laying mains had a pot for melting lead standing in the street near the curb, there was an explosion so that some of the drops of molten lead were cast upon her clothes and upon her left hand. She recovered $2,000 damages for negligence. I think that they are excessive. The loss upon her apparel was trifling. The injury to her hand was not severe. The plaintiff testifies .that the four or five drops of lead burned her—stung her — but that she brushed them off quickly. She cannot…

2Cases cited1 opinion

  1. Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896

3Cited by6 opinions

  1. Garrison v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1912
  2. Hack v. DadyAppellate Division of the Supreme Court of the State of New York · 1911
  3. Shepard v. LamphierNew York Supreme Court · 1914
  4. Cohn v. Ansonia Realty Co.Appellate Division of the Supreme Court of the State of New York · 1914
  5. Hack v. DadyAppellate Division of the Supreme Court of the State of New York · 1909

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