Belperche v. Erie Railroad Co.

The opinion of the court was delivered by

Bkogan, Chief Justice.

On January 23d, 1929, Albert Belperehe, Jr., aged six, the plaintiff’s intestate, was struck and killed by a locomotive of the defendant railroad company. Suit was brought by his administrator ad prosequendum for the damages sufEered and a judgment found by the jury in favor of the plaintiff and against the defendants in the sum of $15,000. This verdict, on the argument of a rule to show cause, was reduced by the trial judge to $4,500 which the plaintiff accepted.

These are the facts: The defendant Erie Railroad Company maintains a…