de Boer v. Brooklyn Wharf & Warehouse Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles de Boer, as administrator, etc., of Caroline de Boer, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 31st day of May, 1899, upon the dismissal of the complaint at the close of the -plaintiff’s case by direction of the court after a trial before the court and a jury.
1Opinion of the Court
Hirschberg, J.:
The plaintiff’s intestate, a- child twelve years of age, was killed at a place known as “ Commercial Wharf ” in Brooklyn, in the course of the operation df a steam railroad train by the defendant. Th® engine struck a truck on which there was a .heavy box of goods, shoving it against the warehouse, and crushing the child as she was on her way to Columbia street, doing an errand for her mother. The details of. the accident are immaterial at this time. It is' sufficient to say. that they would have justified, the jury in concluding that the child was free from fault, and that the…
2Cases cited3 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Downes v. Elmira Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Austin v. Long Island RailroadNew York Supreme Court · 1893
3Cited by11 opinions
- Wilson v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Wells v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Knight v. LanierAppellate Division of the Supreme Court of the State of New York · 1902
- Knight v. LanierAppellate Division of the Supreme Court of the State of New York · 1902
- Gunther v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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