Brianzi v. William M. Crane Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William M. Crane Company, 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 12th day of March, 1920, on the verdict of a jury for $2,084, and also from an order entered in said clerk’s office on the 28th day of February, 1920, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiff is the administrator of his son who, at the time of his death, was three years and four months old. The defendant’s truck, heavily laden with gas stoves, was proceeding easterly on Forty-eighth street from Eleventh avenue towards Tenth avenue. There is some dispute in the evidence as to whether this child came out from the north curb or from the south curb, but the evidence establishes, I think, without doubt that it being about one-fifteen, about the noon hour, different delivery wagons were drawn up on both sides of the street; horses were being fed and the men were…
2Cited by4 opinions
- Acevedo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1962
- Juszczak v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1969
- Ferrer v. HarrisAppellate Division of the Supreme Court of the State of New York · 1981
- Meadows v. PlessAppellate Division of the Supreme Court of the State of New York · 1967