Akersloot v. Second Avenue Railroad
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by George C. Akersloot, an infant, by Henry S. Akersloot, his guardian, against the Second-Avenue Railroad Company, for personal injuries.
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Appeal from special term. Action by George C. Akersloot, an infant, by Henry S. Akersloot, his guardian, against the Second-Avenue Railroad Company, for personal injuries. There was evidence that plaintiff, a child about five years old, while in charge of an adult who was holding him by the hand, attempted to board orie of defendant’s cars, which she had signaled to stop, and that, w’hiie she and the child were standing on the step running along the side of the car, the car was suddenly started, so that she was thrown forward into the seat, while the child was thrown off the step to the…
1Opinion of the CourtFreedman, J.
Upon the facts disclosed at the trial, the question of negligence on the part of the person having charge of the infant plaintiff at the time of the occurrence complained of, and the question of defendant’s negligence, were questions for the jury, and they were fully and fairly submitted, under a charge which carefully guarded every right which the defendant had. There was no error in the charge or the refusals to charge otherwise, and the jury were expressly instructed to determine the case upon their own recollection of the evidence, and not upon any allusion of the trial judge as to his…
2Cited by3 opinions
- Merchants & Miners Transportation Co. v. CorcoranCourt of Appeals of Georgia · 1908
- Ansteth v. Buffalo Railway Co.Superior Court of Buffalo · 1894
- Ansteth v. Buffalo Railway Co.The Superior Court of New York City · 1894