Jetter v. New York & Harlem Railroad
New York Court of Appeals
This is an appeal from a judgment of the Hew York Common Pleas. The action was brought to recover for loss of services, expenses, etc., occasioned by an injury to a child of plaintiff, who was run over while crossing Canal street in the city of Hew York, by a car of defendant; and was tried before Hilton, J., and a jury. On the trial it appeared in evidence, that the child was but six years of age, and was partially deaf and dumb.
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This is an appeal from a judgment of the Hew York Common Pleas. The action was brought to recover for loss of services, expenses, etc., occasioned by an injury to a child of plaintiff, who was run over while crossing Canal street in the city of Hew York, by a car of defendant; and was tried before Hilton, J., and a jury. On the trial it appeared in evidence, that the child was but six years of age, and was partially deaf and dumb. She was accompanied by a female servant of mature age. They were crossing from the north to the south side of Canal- street. The child was, at the time of the…
1Opinion of the CourtDavis, J.
I think there was no error in denying the motion for nonsuit. The evidence on the part of the plaintiff tended strongly to show negligence in the management of the car; and, if his witnesses were entitled to credit, the servants of the defendants were not only violating the ordinances of the city, but, in turning the curve into Oanal street at the speed described, were committing an act most likely to result in injuries to-persons using the street. The conflicting evidence on this subject, as well as upon several other questions, made the fact whether the injury was caused by negligence on…
2Cases cited2 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
3Cited by24 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. PowersIndiana Supreme Court · 1909
- Hill v. GustIndiana Supreme Court · 1876
- Donnegan v. . ErhardtNew York Court of Appeals · 1890
- Pitcher v. LennonAppellate Division of the Supreme Court of the State of New York · 1896
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