Martin v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMerrell, J.
I think the judgments appealed from should be affirmed. Our attention is directed to no error occurring in the course of the trial. There is no attempt to excuse the palpable negligence of the defendant, city of New York. The only ground upon which the judgments are sought to be reversed is that the infant plaintiff, at the time of receiving his injuries, was guilty of contributory negligence as matter of law and that by reason thereof he cannot recover in the action. I cannot agree that under the evidence the plaintiff was guilty of contributory negligence as matter of law. The question as…
2Cases cited4 opinions
- Jacobs v. H. J. Koehler Sporting Goods Co.New York Court of Appeals · 1913
- Guichard v. NewAppellate Division of the Supreme Court of the State of New York · 1896
- Hooper v. Johnstown, Gloversville & Kingsboro Horse-RailroadNew York Supreme Court · 1891
- Sobol v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907