Baker v. Eighth-Avenue Railroad
New York Supreme Court
Appeal from trial term, city and county of New York. Action by Emmeline G. Baker, by William H. Baker, her guardian ad litem, against the Eighth-Avenue Railroad Company, for personal injuries. There was judgment for plaintiff on a verdict by the jury, from which defendant appeals.
1Opinion of the CourtIngraham, J.
A review of the evidence in this case has satisfied us that the finding of the jury that the injury was caused by defendant’s negligence cannot be sustained. There were three witnesses called on behalf of plaintiff as to the occurrence that resulted in the injury. The plaintiff herself, a child eight years of age at the time of the accident, testified that she passed behind a car going up town, and as she did so a car came down town, the horses, as she stood between the tracks, being directly in front of her; that she stood between the up-town track and the down track; that she saw the driver…
2Cited by3 opinions
- Thompson v. Buffalo Railway Co.New York Court of Appeals · 1895
- Perry v. Macon Consolidated Street RailroadSupreme Court of Georgia · 1897
- Kennedy v. Metropolitan St. Ry. Co.New York Court of Common Pleas · 1895