Molloy v. Starin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John H. Starin, 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 lltli day of January, 1906, upon the verdict of a jury for $10,000, and also from aft order entered in said clerk’s office on the 12th day of January, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The infant plaintiff, a lad of about nine years of age, was very seriously injured by a bear' which was in the possession of the defendant, a common carrier. This action was brought to recover damages for. such injuries, and the right to recover is, in the complaint, placed directly upon the ground of negligence, consisting of the omission of the defendant’s servants to do certain specific things. The case went to the jury on the charge of the judge as one involving the issues of negligence and contributory negligence. The plaintiff had a verdict, and from the judgment entered…
2Cases cited7 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- Muller v. . McKessonNew York Court of Appeals · 1878
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Earl v. Van AlstineNew York Supreme Court · 1850
- Coggswell v. BaldwinSupreme Court of Vermont · 1843
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3Cited by3 opinions
- Crunk v. GloverNebraska Supreme Court · 1959
- Vaughan v. Miller Bros. "101" Ranch Wild West ShowWest Virginia Supreme Court · 1930
- Molloy v. StarinAppellate Division of the Supreme Court of the State of New York · 1909