Rima v. Rossie Iron Works
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 10, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed two orders, one denying a motion for a new trial and the other appointing a special guardian of the plaintiff.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 10, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed two orders, one denying a motion for a new trial and the other appointing a special guardian of the plaintiff. This was an action to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. On the 27th of January, 1886, the plaintiff was in the employ of the defendant, a corporation engaged in operating an…
1Opinion of the Court
• Vann, J.
The trial of this action was commenced, on the 23d of September, 1886, and during its progress it appeared by the cross-examination of the plaintiff that he was an infant, and that he would not be twenty-one years of age until the third of the following month. The defendant was ignorant of this fact on the 16th of June, 1886, when the action was commenced, and did not hear of it until two days before the commencement of the trial. At the close of the evidence a motion was made for a nonsuit upon the ground, among others, that the plaintiff, although under age, was prosecuting the…
2Cases cited4 opinions
- Rutter v. PuckhoferThe Superior Court of New York City · 1862
- Parks v. ParksNew York Supreme Court · 1865
- Freyberg v. PelerinNew York Supreme Court · 1862
- Wolford v. OakleySuperior Court of Buffalo · 1872
3Cited by32 opinions
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Charles Roome Parmele Co. v. HaasNew York Court of Appeals · 1902
- Trask v. Boise King Placers Co.Idaho Supreme Court · 1914
- Power v. LenoirMontana Supreme Court · 1899
- Magrill v. MagrillAppellate Terms of the Supreme Court of New York · 1959
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