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Schmidt v. Cook

63 N.Y. St. Rep. 875 Court N.Y. City Ct. Decision date 1894-11-20 English

Delivered by Ehrlich, Oh. J.

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p. 875
Lena Schmidt, by Guardian, etc., Resp’t, v. Valentine Cook et al., App'lts
(City Court of New York, General Term,
November 20, 1894.)

The action was by the plaintiff, a child of eleven years of age, by the guardian, to recover damages for personal injuries sustained by it while in the back yard of premises No. 233, East Thirty-sixth street, in the city of New York, of which premises the defendants were owners and landlords. The evidence clearly established that the injuries were caused by the negligence and breach of duty of the defendants, and without any default whatever on the part of the plaintiff. The questions of negligence and contributory negligence were submitted to the jury under a careful charge by the court, and the jury rendered a verdict in favor of the plaintiff for $1.000 damages. The amount awarded is moderate, and, as no errors were committed during the trial, the judgment entered on the verdict must be affirmed, with costs.