Legal Opinion

Marius v. Motor Delivery Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 20, 1911PublishedCited by 4 opinions

Appeal by the defendant, The Motor Delivery 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 22d-day of December, 1910, upon the verdict of a. jury for $5,000, and also from an order entered in said clerk’s office on the 17th day of December, 1910, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

This is a statutory action to recover for the death of a hoy eight and a half years of age, alleged to have been caused by-the, negligence of a driver employed by the defendant in operating a motor truck, carrying United States mail, and a verdict for $5,000, which if not excessive, at least borders on excessiveness, has been recovered. The decedent was engaged in playing ball with other hoys in West One Hundred and Twenty-fourth street, near St. Nicholas avenue, and he was struck and injured by the truck which was going westerly along One Hundred and Twenty-fourth street. There…

2Cited by4 opinions

  1. Jacobs v. H. J. Koehler Sporting Goods Co.Appellate Division of the Supreme Court of the State of New York · 1912
  2. Jacobs v. H. J. Koehler Sporting Goods Co.Appellate Division of the Supreme Court of the State of New York · 1912
  3. Matos v. RodríguezSupreme Court of Puerto Rico · 1930
  4. Matos v. RodríguezSupreme Court of Puerto Rico · 1930

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