Monck v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, "William F. Monde, as administrator, etc., of William F. Monde, Jr., deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 13th day of November, 1903,. upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Hooker, J.:
On this appeal the debatable point is whether or not the question of the intestate’s contributory negligence should have been submitted to the jury. The plaintiff gave evidence tending to show that *449liis intestate, a boy fifteen years old and admittedly sui juris, on the day of the accident was a passenger on a car of the defendant road, which stopped for him at the crossing. He alighted on the right-hand side of the car, and,-as it passed on, crossed the track it was using to the space between that track and the one parallel. Proceeding, when he got to the middle of the space…
2Cases cited18 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- Kellogg v. . N.Y.C. and Hudson R.R.R. Co.New York Court of Appeals · 1879
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Parsons v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1912
- Schasel v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Gallagher v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Huther v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Lamb v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
4 more not listed; retrieve them via the Exa API.