Neun v. . Rochester Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 29, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exceptions to the charge of the trial justice and to his refusal to charge the propositions requested by defendant’s counsel were well taken.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 29, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exceptions to the charge of the trial justice and to his refusal to charge the propositions requested by defendant’s counsel were well taken. (Batty v. N. F. H. P. & M. Co., 37 App. Div. 93 ; Hartfield v. Roper, 21 Wend. 615 ; Ihl v. F. S. S. R. R. Co., 47 N. Y.…
1Opinion of the CourtHaight, J.
This action was brought to recover the damages sustained by the next of kin by reason of the negligent killing of the plaintiff’s intestate. The decedent was an infant of the age of six years and three months. She undertook to cross St. Joseph street, in the city of Rochester, and in doing so was run over by one of the defendant’s electric cars and killed.
In submitting the case to the jury the court, in the first instance, delivered a charge with which we find no fault, but afterwards plaintiff’s counsel asked for the further charge “ That if the jury find that the child was non sui juris…
2Cited by3 opinions
- Lafferty v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Kostenbaum v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Smith v. City Realty Co.Appellate Division of the Supreme Court of the State of New York · 1903