Dunn v. Ruppert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob Ruppert, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of June, 1914, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hotchkiss, J.:
At the time of the accident plaintiff was one month over eighteen years of age. The court charged that the law did not impose upon him the degree of care to he expected of one of “ full age,” but only such as might be expected of a young man of plaintiff’s age. So far as this case is concerned I think, if the charge was technically wrong, it was harmless error, because I can see in the record nothing of which contributory negligence on plaintiff’s part could be predicated. But was the charge even technically wrong ? On their facts the cases are too conflicting in their results…
2Cases cited5 opinions
- Davenport v. . RuckmanNew York Court of Appeals · 1868
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Jacobs v. H. J. Koehler Sporting Goods Co.New York Court of Appeals · 1913
- Ardolino v. ReinhardtAppellate Division of the Supreme Court of the State of New York · 1909
- Atchason v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Dunn v. RuppertAppellate Division of the Supreme Court of the State of New York · 1915