Legal Opinion

Williams v. H. Koehler & Co.

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

Decided June 15, 1899PublishedCited by 16 opinions

Appeal by the defendant, H. Koehler & Co., 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 9th day of February,, 1899, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 21th day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Cullen, J.:

The action is to recover damages for personal injuries. The plaintiff, a boy seven years old, was standing at the edge of the sidewalk, by the side of a coal box which stood there, looking at other boys playing in the street. There was a push cart in the carriage*427way, immediately in front. The driver of one of defendant’s beer-trucks left his truck and team standing unattended in the street in front of a saloon near by, while he Avent in to see a sick friend. During the driver’s absence the horses started, and when they had gone from twenty to forty feet a stranger stopped the team…

2Cases cited3 opinions

  1. Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
  2. Quinn v. . PowerNew York Court of Appeals · 1882
  3. Pearl v. MacaulayAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by16 opinions

  1. Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
  2. Clark v. E. I. du Pont de Nemours Powder Co.Supreme Court of Kansas · 1915
  3. Clawson v. . Pierce-Arrow Motor Car Co.New York Court of Appeals · 1921
  4. Brinkman v. ZuckermanMichigan Supreme Court · 1916
  5. Jones v. WeigandAppellate Division of the Supreme Court of the State of New York · 1909

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