Sandles v. Levenson
Appellate Division of the Supreme Court of the State of New York
Appeal .from trial term, New York county. Action by James A. Sandies, an infant, by guardian, against Morris Levenson. From a judgment dismissing the complaint at the close of plaintiff’s case, he appeals. Affirmed.
1Opinion of the CourtMcLAUGHLIN, J.
Action to recover damages for an injury sustained by the plaintiff by reason of an alleged assault by, or the neg*960ligence of, defendant’s servant. The complaint was dismissed at the close of plaintiff’s case, and from the judgment thereafter entered he has appealed.
The facts, so far as they are material, are as follows: On the 26th of May, 1901, the plaintiff, 17 years of age, with several other boys, was playing ball in one of the streets of the city of' New York, and the ball with which they were playing was driven into defendant’s yard, which was inclosed by a high fence. The defendant had…
2Cases cited4 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Girvin v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
- Grimes v. YoungAppellate Division of the Supreme Court of the State of New York · 1900
- Montgomery v. SartiranoAppellate Division of the Supreme Court of the State of New York · 1897