Ardolino v. Reinhardt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George N. Reinhardt, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of May, 1908, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 25th day of May, 1908, denying the' defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is to recover damages for personal injuries caused through the negligence of defendant’s servant. The claim of the plaintiff is that while he w-as sitting in the roadway of a public street playing marbles, the defendant’s driver negligently ran over him; and the defendant insists that the accident happened because the plaintiff was attempting to climb on the rear end of the wagon. At the time of the accident the plaintiff was four and a half years of age.
In his main charge the learned trial/ court instructed the jury that if plaintiff’s parents were negligent in…
2Cases cited2 opinions
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Buscher v. New York Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Dunn v. RuppertAppellate Division of the Supreme Court of the State of New York · 1915
- Jacobs v. H. J. Koehler Sporting Goods Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Pastore v. LivingstonCity of New York Municipal Court · 1911