Bulger v. . the Albany Railway
New York Court of Appeals
Appeal from a judgment of the General Term of the third district affirming judgment dismissing the complaint, a non-suit having been ordered at a trial had before Justice Ingalls and a jury,, at the Albany circuit, May, 1868. The action was brought, under the statute,- by the father, as administrator of his child, Mary Bulger, not two years old at the time she ivas killed, for the pecuniary loss to her next of kin (stated in the complaint at $5,000) from her death.
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Appeal from a judgment of the General Term of the third district affirming judgment dismissing the complaint, a non-suit having been ordered at a trial had before Justice Ingalls and a jury,, at the Albany circuit, May, 1868. The action was brought, under the statute,- by the father, as administrator of his child, Mary Bulger, not two years old at the time she ivas killed, for the pecuniary loss to her next of kin (stated in the complaint at $5,000) from her death. The child was run over and instantly killed by one of the cars on the defendant’s horse railroad, on the 13th of July, 1866, at…
1Opinion of the Court
By the Court—Lott, J.
The child was killed while in the street unprotected, and the court nonsuited the plaintiff. I find nothing in the case to charge either the conductor or driver with negligence. Assuming that the child was off the sidewalk, and as far into the street as the west rail of the east track, there is nothing to show that there was any necessity at that point to stop the car, as the child was not then in a position of danger from the car. The evidence leads to the conclusion, and the only one warranted by the evidence is, that the fore part of the car passed the child safely,…
2Cited by8 opinions
- Gallaher v. Crescent City Rail RoadSupreme Court of Louisiana · 1885
- Ryan v. Milwaukee Northern Railway Co.Wisconsin Supreme Court · 1925
- Chicago & Alton Railroad v. LammertAppellate Court of Illinois · 1883
- Calumet Electric Street Railway Co. v. Van PeltAppellate Court of Illinois · 1897
- Hamilton v. Birmingham Ry. L. & P. Co.Supreme Court of Alabama · 1917
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