Bittner v. Crosstown Street Railway Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of Buffalo, entered June 1, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action brought by the plaintiff as administrator of the estate of his infant son, Charles, to recover damages for his death, which he alleged to he due to the negligence of the defendant.
Read the full summary
Appeal from a judgment of the General Term of the Superior Court of Buffalo, entered June 1, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action brought by the plaintiff as administrator of the estate of his infant son, Charles, to recover damages for his death, which he alleged to he due to the negligence of the defendant. The defendant operated an electric street railroad in the city of Buffalo and the accident in question occurred on October 17tli, 1892, in the middle of the day, upon…
1Opinion of the CourtGray, J.
If it were not for the testimony which was given by the witness Toms upon the trial, it would not be possible to say that there was any evidence upon which negligence could bo predicated of the defendant. The history of the occurrence shows that the deceased heedlessly ran in front of the car and in such close proximity to it, as to render its striking him a certain occurrence. There is no conflict in the testimony with respect to the principal facts. The boy started to cross the street in the middle of the block, when a vehicle was proceeding between him and the car tracks; which, from its…
2Cited by17 opinions
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Carney v. Concord Street RailwaySupreme Court of New Hampshire · 1903
- Stabenau v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1898
- Nissly v. Detroit, Jackson & Chicago Railway Co.Michigan Supreme Court · 1911
- Maguire v. . BarrettNew York Court of Appeals · 1918
12 more not listed; retrieve them via the Exa API.