Fullerton v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Fullerton, an infant, by Phoebe Ann Fullerton, his guardian ad' litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 25th day of July, 1898, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case, after a trial at the New York Trial Term.
1Opinion of the Court
Rumsey, J.:
On the 3d of August, 1891, the plaintiff, a little child about four years old, was living with his parents on One Hundred and Sixteenth street in the city of New York between Park and Lexington avenues. The defendant’s line of electric cars ran through that street. On the morning of that day, about ten o’clock, the plaintiff, who was in the apartments where his family lived, under the eye of his mother, escaped from the rooms in some way and went down upon the street. In a few minutes after he arrived there, a car of *387the defendant’s came upon the street at Park avenue, going in the…
2Cases cited2 opinions
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
- Crocker v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1883
3Cited by1 opinion
- Reid Ice Cream Co. v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904