Molino v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of May, 1920, upon the verdict of a jury for $1,800, and also from an order entered in said clerk’s office on the same day denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action to recover damages for personal injuries sustained by the plaintiff, who was five years of age, at about one o’clock in the afternoon of August 24, 1918, by being struck and run over by an auto truck in the use of the department of parks, on Mulberry street, opposite No. 58 where he resided with his parents.
The evidence presented a fair question of fact with respect to whether the chauffeur in charge of the auto truck was guilty of negligence and it cannot be said that it clearly preponderated in favor of the plaintiff on that issue. Plaintiff was permitted to…
2Cases cited3 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Brauer v. New York City Interborough Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Norris v. Interurban St. Ry. Co.Appellate Terms of the Supreme Court of New York · 1904
3Cited by4 opinions
- Golden v. Horn & Hardart Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Loschiavo v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 1982
- Burns v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958
- Stanley v. Surface Transit, Inc.Appellate Division of the Supreme Court of the State of New York · 1964