Bonadoa v. Third Avenue Railroad

Petition for leave to sue as poor person. I am constrained by a late decision of this court, at special term, Shapiro v. Burns, 7 Misc. Rep. 418 ; 58 St. Rep. 479 , to grant this application of the infant plaintiff for leave to sue as a poor person. But I am of opinion that the case was never within the intention of the legislature, for the term “poor person” cannot be construed to include a child whose pa'rent is possessed of ample means to prosecute bis action. Such á child is not “an object of charity a judicial definition of the term “poor person,” as adopted by the courts. Isnard v. Cazeaux, 1 Paige, 39. As a condition of the order, the attorney and counsel of the plaintiff must stipulate to-prosecute the action without compensation, except taxable costs, and proof must be produced that there has been no agreement nor-understanding for compensation. When such stipulation and proof are produced, the plaintiff’s motion will be granted, and the-defendant’s order for security will be vacated.

No costs of this motion.