Stone v. Dry Dock, East Broadway & Battery Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial départment, entered upon an order made October 26, 1887, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This was an action to recover damages for the alleged negligence in causing the ■ death of plaintiff’s intestate, a child of seven years and three or four months old. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial départment, entered upon an order made October 26, 1887, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This was an action to recover damages for the alleged negligence in causing the ■ death of plaintiff’s intestate, a child of seven years and three or four months old. The facts, so far as material, are stated in the opinion. In an action brought by an infant, or by her representatives, to recover damages because of defendant’s negligence, a recovery can…
1Opinion of the CourtAndrews, J.
The' nonsuit was placed on the ground that an infant seven years of age was sui juris, and that the act of the child in crossing the street in front of the approaching car was negligence on her part, which contributed to her death, and barred a recovery. We think the case should have been submitted to the jury.
The negligence of the driver of the car is conceded. His conduct in driving rapidly along Canal street at its intersection with Orchard street, without looking ahead, but with his eyes turned to the inside of the car, was grossly negligent. (Mangam v. Brooklyn R. R. Co., 38 N. Y. 455;…
2Cases cited7 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Wendell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
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3Cited by53 opinions
- Camardo v. New York State RailwaysNew York Court of Appeals · 1928
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Clowes v. The Frank & WillieDistrict Court, S.D. New York · 1891
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
- Consolidated Traction Co. v. ScottSupreme Court of New Jersey · 1896
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