Kielich v. William Hengerer Co.

Appellate Division of the Supreme Court of New York

Kielich v. William Hengerer Co.

241 A.D. 796

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1934

StatusPublished

This text of 241 A.D. 796 (Kielich v. William Hengerer Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kielich v. William Hengerer Co., 241 A.D. 796 (N.Y. Ct. App. 1934).

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Opinion

Judgment and order affirmed, with costs. All concur, except Lewis, J., who dissents and votes for reversal on the law and for a new trial on the ground that the infant plaintiff, who was concededly non sui juris, was guilty of such conduct as would have constituted negligence as a matter of law had he been an adult and that he failed to sustain the requisite burden of proof that his custodian was free from contributory negligence under the ruling in Kupchinsky v. Vacuum Oil Co. (263 N. Y. 128).

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Judgment and order affirmed, with costs. All concur, except Lewis, J., who dissents and votes for reversal on the law and for a new trial on the ground that the infant plaintiff, who was concededly non sui juris, was guilty of such conduct as would have constituted negligence as a matter of law had he been an adult and that he failed to sustain the requisite burden of proof that his custodian was free from contributory negligence under the ruling in Kupchinsky v. Vacuum Oil Co. (263 N. Y. 128).

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Bluebook (online)

241 A.D. 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kielich-v-william-hengerer-co-nyappdiv-1934.

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