Lacs v. James Everard's Breweries
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, James Everard’s Breweries, 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 30th day of June, 1900, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the 29th day of June, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
On the 22d day of October, 1896, in the city of New York, at the corner of Third avenue and Fifty-fourth street, Jacob M. Lacs, then an infant of three years of age, was run over and seriously injured by a team attached to a wagon and driven by the defendant’s servant. There were two distinct theories of the accident presented by the evidence, and the jury has found in favor of the plaintiff, bringing in a verdict for $20,000. The plaintiff’s theory, which has been accepted as the true one by the jury, is that the plaintiff, with his mother, was walking along the west side of…
2Cases cited3 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Mulhado v. . Brooklyn City R.R. Co.New York Court of Appeals · 1864
- Suhrada v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Johnson v. SextonSupreme Court of Alabama · 1964
- Lacs v. James Everard's BreweriesAppellate Division of the Supreme Court of the State of New York · 1905
- Lacs v. James Everard's BreweriesAppellate Division of the Supreme Court of the State of New York · 1901