Kesten v. Einhorn & Singer Development Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSherman, J.
Two actions, one for injuries to the infant plaintiff and the other for expenses and loss of service brought by his father, were tried together. The boy, six years of age, while standing on the sidewalk near the building which defendant was erecting on Heath avenue, in the borough of The Bronx, was struck during the afternoon of March 17, 1927, in the eye by soft lime which came from the cellar of the structure, and he thereby lost the sight of one eye. Another boy standing near him was at the same time hit by lime or other substance coming from the same place, but fortunately escaped injury.
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2Cases cited5 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
- Sandler v. GarrisonNew York Court of Appeals · 1928
- Hughes v. Harbor & Suburban Building & Savings Ass'nAppellate Division of the Supreme Court of the State of New York · 1909
- Pearson v. EhrichAppellate Division of the Supreme Court of the State of New York · 1912