Costello v. . Third Avenue Railroad Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1898, affirming a judgment in favor of defendant, entered upon a dismissal of the complaint at a Trial Term, at the close of plaintiff’s evidence. The nature of the action and the facts, so far as material, are stated in the opinions.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1898, affirming a judgment in favor of defendant, entered upon a dismissal of the complaint at a Trial Term, at the close of plaintiff’s evidence. The nature of the action and the facts, so far as material, are stated in the opinions. On this appeal plaintiff is entitled to the most favorable consideration of the evidence, and to the most favorable inferences to be drawn therefrom. ( Witherow v. Slayback, 158 N. Y. 649; E. F. Ins. Co. v. R. Ins. Co., 55 N. Y. 343; McNally…
1Opinion of the Court
A single question is presented by this appeal, as the learned trial judge held the infant plaintiff guilty of contributory negligence as matter of law.
This action was brought to recover damages for injuries received by the plaintiff while attempting to cross Third avenue, in the city of New York, in front of one of the moving cars of the defendant, on the 12th day of August, 1896.
The plaintiff was then eight years old.
At the opening of the trial the court asked if it was conceded that the boy was capable of taking care of himself.
Counsel replied that he was to the extent that he was able to…
2Cases cited11 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Stuber v. . McEnteeNew York Court of Appeals · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Downey v. Baton Rouge Electric & Gas Co.Supreme Court of Louisiana · 1908
- Barstow v. Capital Traction Co.District of Columbia Court of Appeals · 1907
- Serano v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1907
- Simkoff v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1907
- Hammer v. Bloomingdale Bros.Appellate Division of the Supreme Court of the State of New York · 1926
31 more not listed; retrieve them via the Exa API.