Legal Opinion

Blaustein v. Guindon

New York Supreme Court

Decided December 14, 1894Published

Appeal from circuit court, New York county. Action by David M. Blaustein, as administrator, against Eugene W. G-uindon and others. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial on the minutes, defendants appeal.

1Opinion of the CourtO’Brien, J.

This action was brought to recover damages for the death of Jennie Blaustein, the plaintiff’s intestate, caused by the alleged negligence of a servant of the defendants. On or about the 2d day of September, 1892, certain casks of sal soda were being unloaded from a wagon or truck belonging to defendants, at a soap factory on Munroe street, between Rutgers and Pike streets, in the city of New York. The driver had backed up the truck in front of the open doorway of the factory through which the hogsheads were to be rolled. The rear wheels stood two feet in on the sidewalk, which was fifteen…

2Cases cited3 opinions

  1. Aldridge v. . AldridgeNew York Court of Appeals · 1890
  2. Koehler v. HughesNew York Supreme Court · 1893
  3. Randall v. New York Elevated RailroadNew York Supreme Court · 1894

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