Elze v. Baumann
The Superior Court of New York City
Appeal by tlie plaintiff from a judgment entered upon the direction of the trial judge, dismissing the complaint.
1Opinion of the CourtYcAdam, J.
The action was brought to recover $10,000 damages for injuries received by the plaintiff by being knocked down and run over by a two-horse truck, driven by a servant of tlie defendant. It appears that the plaintiff, a boy then six years of age, started to cross Avenue A at Fifteenth street, July 19, 1889, when the defendant’s two-liorse truck, in charge of his driver, was being driven up the avenue on the farther side from where the boy was. Just as the boy stepped down onto the crossing the defendant’s team suddenly swerved to the left, and though the boy tried to recover himself and get…
2Cases cited22 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Hartfield v. RoperNew York Supreme Court · 1839
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
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