Hewson v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Interurban Street 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 Westchester on the 12th day of October, 1903, upon the verdict of a jury for $7,000, and also from an order entered in said clerk’s office on the 15th day of October, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff, a child of thirteen at the time of the occurrence, was playing with other lads upon W est street, in the borough of Manhattan, on the afternoon of January 18, 1903. As he was running by the side of one of the defendant’s cars with his hand upon it he claims that the conductor jumped off the car and without warning of any kind struck him a violent blow upon the head,' knocking him under the car so that the wheels went over him and inflicted serious permanent injuries.
The conductor claimed that the boy was actually on the car in a dangerous position, and that he…
2Cases cited5 opinions
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Sanford v. . Eighth Avenue Railroad CompanyNew York Court of Appeals · 1861
- McKeon v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Meisch v. Rochester Electric Railway Co.New York Supreme Court · 1893
- Lang v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1889
3Cited by3 opinions
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Dealy v. CobleAppellate Division of the Supreme Court of the State of New York · 1906
- Sternad v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1920