Legal Opinion

Burke v. Borden's Condensed Milk Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1904PublishedCited by 4 opinions

Appeal by the defendant, Borden’s Condensed Millc Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of May, 1903, upon the verdict of a jury for $10,500, and also from an order entered in said clerk’s office on the 27th day of May, 1903, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Woodward, J.:

The plaintiff, a boy two years and nine months old, was injured on the 4th day of August, 1899, by being run over by one of the *220wagons of the defendant on Clinton street, between Nelson and Luquer streets, borough of Brooklyn, city of New York. The jury has returned a verdict for $10,500, on which judgment has been entered, and the defendant appeals from this judgment and from the order denying a motion for a new trial.

It is urged on this appeal that the mother of the child was guilty of contributory negligence in permitting the child, which was only two years and nine months of…

2Cases cited3 opinions

  1. Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
  2. Burns v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. Austin v. . BartlettNew York Court of Appeals · 1904

3Cited by4 opinions

  1. Cook v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1935
  2. Lynch v. PrattAppellate Division of the Supreme Court of the State of New York · 1927
  3. Wolfe v. Madison Avenue Coach Co.Appellate Terms of the Supreme Court of New York · 1939
  4. Herschcowitz v. KleinmanAppellate Division of the Supreme Court of the State of New York · 1929

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