Follert v. Erikson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anton Follert, as administrator, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 1st day of February, 1912, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Kings County Trial Term.
1Opinion of the Court
Thomas, J.:
The plaintiff’s child, two and a half years old, in company with his sister, at the time about thirteen years of age, was killed by the falling of a bank where the servants of the defendant city were, and for some considerable time had been, taking sand, although such taking was without the authority of the owner. Indeed, the attorney for the city stated upon the trial that the sand was stolen. The testimony of the sister shows what happened at the time of the accident, and it is undisputed that the lot was one commonly used as a playground for children, and that the persons taking…
2Cases cited1 opinion
- Newdoll v. YoungNew York Supreme Court · 1894
3Cited by1 opinion
- Follert v. EriksonAppellate Division of the Supreme Court of the State of New York · 1915