Penny v. Rochester Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rochester Railway Company, from a judgment of the Supreme Court in favor of the plaintiff,' entered in the office of the clerk of the county of Monroe on the 17th day of October, 1895, upon the verdict of the jury rendered after a trial at the Monroe Circuit, and also from an order entered in said clerk’s office on the 17th day of October, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Rochester Railway Company, from a judgment of the Supreme Court in favor of the plaintiff,' entered in the office of the clerk of the county of Monroe on the 17th day of October, 1895, upon the verdict of the jury rendered after a trial at the Monroe Circuit, and also from an order entered in said clerk’s office on the 17th day of October, 1895, denying the defendant’s motion for a new trial made upon the minutes. On September 12, 1894, the appellant was operating an electric street railroad with double tracks on Grape street, in Rochester. The respondent was then…
1Opinion of the Court
Green, J.:
It was conceded on the argument that there was evidence of defendant’s negligence sufficient to require the submission of that question to the jury.
The defendant insisted on the trial, and now contends, that the evidence disclosed such knowledge and appreciation upon the part of plaintiff of the danger of crossing defendant’s tracks as rendered him sui juris, and convicted him of contributory negligence as matter of law.
The trial court held that the question of whether this child was •sui juris or non sui juris was a question of fact for the jury to determine; and that, if they…
2Cases cited14 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
- W.T. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- La Beau v. . the PeopleNew York Court of Appeals · 1866
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. OlsenNew York Court of Appeals · 1968
- Roberts v. Spokane Street Railway Co.Washington Supreme Court · 1900
- Thompson v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1898
- McCarthy v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Ehrmann v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
7 more not listed; retrieve them via the Exa API.