Burgess v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jessie Burgess, by her guardian ad litem, from an order of the Supreme Court, made at the Queens County Trial Term, and entered in the office of the clerk of the county of Queens on the 11th day of May, 1912, granting the defendant’s motion to set aside the verdict of a jury in favor of the plaintiff for $2,000 and for a new trial made upon the minutes.
1Opinion of the Court
*380The following is the opinion delivered at Trial Term:.
Putnam, J.:
Two little girls about seven years old, walking along a railway embankment, strolled upon the defendant’s tracks and made their way to the steel bridge which spans Jamaica avenue. This bridge is about 30 feet in length, carrying the double tracks of the Rockaway division. The girls were lying together upon the track, down between the ties, where they were throwing cinders upon the street cars passing-below. The,-fast express coming from the north, about two minutes late, was making up time on a slightly descending grade. The…
2Cases cited9 opinions
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
- Weitzmann v. A. L. Barber Asphalt Co.New York Court of Appeals · 1908
- Feldman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- White v. New York Central & Hudson River RailroadNew York Supreme Court · 1892
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