Legal Opinion

Barth v. Borden's Condensed Milk Co.

Appellate Terms of the Supreme Court of New York

Decided January 15, 1907PublishedCited by 1 opinion

Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, fifth district, borough of Manhattan, rendered in favor of' the defendant.

1Opinion of the CourtBlanchard, J.

This action was brought to recover damages for an injury received by a child five years and nine months old, residing with its parents, by being run over by a wagon in charge of one of the defendant’s drivers. The case came on for trial before a jury; and, at the dose of the testimony, on motion of the defendant’s counsel, the (rial judge dismissed the complaint. Hpon an appeal from a nonsuit the plaintiff is entitled to every fact that the jury could have found from the evidence adduced on his part and to all favorable inferences therefrom; and, if two inferences arise, one favorable and one…

2Cases cited1 opinion

  1. Benjamin v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903

3Cited by1 opinion

  1. Barth v. Borden's Condensed Milk Co.Appellate Terms of the Supreme Court of New York · 1907

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