Charlton v. Forty-Second Street
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Barlow R. Charlton, an infant, by Rachel M. Charlton, his guardian ad litem, against the Forty-Second Street, Manhattan-ville & St. Nicholas Avenue Railroad Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Reversed.
1Per curiam
The plaintiff in this action is an infant, between 12 and 13 years of age. In charging as to the degree of care to be observed by the infant, the court said:
“In the case of a child it is that degree of care which ordinarily a child of the same age and development might be expected to use, not necessarily the care of an adult person.” And again: “If the plaintiff used ordinary care himself, — that is to say, the amount of care which should be reasonably be expected from a child of his age and apparent development and ability, — and he was injured by reason of a situation of danger,” the…
2Cases cited1 opinion
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902