Bortz v. Dry Dock, East' Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Samuel Bortz, an infant, against the Dry Dock, East' Broadway & Battery Railroad Company. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtPatterson, J.
The infant plaintiff, 2^ years of age, was injured by being run over by a horse car of the defendant while such *1047infant was being conducted by his sister, a child 13 or 14 years old, across Essex street, between Broome and Grand streets, in the city of New York. The children were crossing at about 50 feet south of Broome street. The car had stopped at Broome street, but there was evidence to show that when the children started from the sidewalk it was in motion. The sister looked before she left the sidewalk, and the car was then distant somewhere between 25 and 40 feet. The speed of the car…
2Cases cited3 opinions
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Csatlos v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Delkowsky v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Phelan v. Forty-Second StreetAppellate Division of the Supreme Court of the State of New York · 1903
- Trauber v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903