Gefner v. Lefkowitz & Sons, Inc.
Appellate Terms of the Supreme Court of New York
. Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Samuel Gefner, an infant, by Max Gefner, his guardian ad litem, against Lefkowitz & Sons, Incorporated. Judgment for defendant, and plaintiff appeals. Reversed and remanded.
1Opinion of the CourtBijur, J.
The evidence was that plaintiff left her child, 3% years of age, on the sidewalk for a minute; that the child thereupon started to cross the street; that a wagon in charge of defendant’s driver was coming along the street; and that when the child was in front of the horse, about 15 feet distant, in broad daylight, the driver whipped the horse, which went faster, whereupon the child was run over. On the motion to dismiss, the following colloquy took place:
“Defendant's Counsel: Well, then, there is a question of contributory negligence on the part of the mother allowing the boy to run out in…
2Cases cited4 opinions
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Spooner v. D., L. & West. RailroadNew York Court of Appeals · 1889
- Mapes v. Union RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Mapes v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900