Timony v. Brooklyn City & Newtown Railroad

This action was to recover damages for the death of plaintiff’s son, who was run over by one of defendant’s trolley cars at the junction of Wythe avenue and Bush street in this city. The trial resulted in a verdict for the plaintiff for $3,000. This appeal is from the judgment entered on that verdict and from the order denying motion for a new trial.

The first contention of appellant is that the refusal of the trial court to nonsuit was error; that the evidence was insufficient to carry the question of defendant’s negligence or that of this boy’s freedom from contributory negligence to the…