Lee v. Van Buren & New York Bill Posting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Robert Lee, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of January, 1918, dismissing the complaint upon the opening of plaintiff’s case, and also from an order entered in said clerk’s office on the 13th day of February, 1918, denying plaintiff’s motion for leave to go to the jury.
1Opinion of the Court
Philben, J.:
The plaintiff’s intestate, a boy five years old, was killed by defendant’s automobile under the following circumstances, described in the opening of plaintiff’s counsel. The boy lived on One Hundred and Thirty-ninth street in the city of New York, between Lenox and Seventh avenues, where on the north side of the street the defendant had a place of business. The defendant had been in the habit for some time previous to the accident of leaving automobiles in frorit of its place of business. It was known to the persons in charge there that the boys in the neighborhood played on or…
2Cases cited4 opinions
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Cunningham v. CastleAppellate Division of the Supreme Court of the State of New York · 1908
- Vincent v. Crandall & Godley Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Berman v. SchultzAppellate Terms of the Supreme Court of New York · 1903
3Cited by15 opinions
- Ross v. HartmanCourt of Appeals for the D.C. Circuit · 1943
- Garis v. EberlingCourt of Appeals of Tennessee · 1934
- Castay v. Katz & Besthoff, Ltd.Louisiana Court of Appeal · 1933
- Kennedy v. HedbergSupreme Court of Minnesota · 1924
- Gumbrell v. BreweryAppellate Division of the Supreme Court of the State of New York · 1922
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