Schaffer v. Baker Transfer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by John A. Schaffer, as administrator, against the Baker Transfer Company. From a judgment in favor of plaintiff for $6,000, and from an order denying a new trial, defendant appeals.
1Opinion of the Court
O’BRIÉN, J.
The plaintiff in this action seeks to recover, under the statute, damages for the death of his1 son, based upon the alleged negligence of the defendant. The question presented on this appeal is as to whether the plaintiff sustained the burden of proof by showing affirmatively that the death was due solely to the negligence of the defendant. The appellant contends that there was a failure to prove the defendant’s negligence, or that the negligence of the boy did not contribute to the accident. A statement of the facts, however, will show that upon both these questions there was a…
2Cited by2 opinions
- Elgin Dairy Co. v. ShepherdIndiana Supreme Court · 1915
- Connolly v. BreweryAppellate Division of the Supreme Court of the State of New York · 1916