Dutton v. Greenwood Cemetery Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Greenwood Cemetery Company, from a judgment of the Municipal Court of the city of New York, in favor of the plaintiff, entered on the 6th day of November, 1902, after a trial without a jury.
1Opinion of the Court
Hirschberg, J.:
The plaintiff has recovered a small judgment for the loss of the services of his minor child, who was injured by reason of the falling of a tombstone upon her in defendant’s cemetery. The plaintiff with his wife and three children were visiting the cemetery on the day of the accident, May 30, 1899, the plaintiff’s purpose being to decorate the grave of a buried child. The children were then seven years, two years and eight months, and three months old respectively. The plaintiff’s plot and the one from which the *354tombstone fell are side by side, and both are in a large “ public…
2Cases cited4 opinions
- Larkin v. . O'NeillNew York Court of Appeals · 1890
- Donnelly v. Boston Catholic Cemetery Ass'nMassachusetts Supreme Judicial Court · 1888
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
- George v. Cypress Hills CemeteryAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Southern Express Co. v. WilliamsonSupreme Court of Florida · 1913
- East Hill Cemetery Co. v. ThompsonIndiana Court of Appeals · 1912
- Nesterovich v. Mount Olivet CemeteryAppellate Division of the Supreme Court of the State of New York · 1925
- Burack v. Washington CemeteryAppellate Division of the Supreme Court of the State of New York · 1940
- Hetzel v. Buffalo Cemetery Ass'nAppellate Division of the Supreme Court of the State of New York · 1962
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