Adams v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nassau Electric Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, •entered in the office of the clerk of the county of Kings on the 23d day of January, 1899, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 10th day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The question presented in this case is somewhat close, and yet we are clearly of the opinion that, upon the facts appearing in the present record, the recovery may not be upheld. There is very little conflict in the testimony, and the case may be disposed of upon substantially undisputed facts.
*335The child who was injured was four years and eleven months old, possessed of the average intelligence of children of that age. His parents resided upon Central avenue, over which the defendant •operates its street cars. The accident occurred after dark, about a •quarter past eight in the…
2Cases cited3 opinions
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Weiss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Muller v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Payne v. BlevinsCourt of Appeals for the Fourth Circuit · 1922
- Buscher v. New York Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Wabnich v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Adams v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Kalonczyk v. StateNew York Court of Claims · 1936