Henry M. Birkett, as Administrator v. the Knickerbocker Ice Company, Appellant

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the parents were not negligent as a matter of law for permitting their four‑and‑a‑half‑year‑old child to play on the sidewalk, that the driver’s negligence was properly submitted to the jury, and that the jury could award pecuniary damages beyond the child’s minority. The Court also held that the trial judge did not err in refusing to limit the award to nominal damages.