Franco v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maria Franco, by her guardian ad litem, Rocco Franco, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 27th day of April, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the Kings Cotinty Trial Term, and also from an order entered in said clerk’s office on the 30th day of November, 1904, denying the plaintiff’s motion for a new trial…
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Appeal by the plaintiff, Maria Franco, by her guardian ad litem, Rocco Franco, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 27th day of April, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the Kings Cotinty Trial Term, and also from an order entered in said clerk’s office on the 30th day of November, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Per curiam
This is an action for negligence. The plaintiff, at that time an infant one year of age, was being carried by her father across Fifteenth street, in the borough of Brooklyn, on the 21st day of April, 1903, when the father was knocked down by one of the defendant’s electric cars, and both parent and child were injured. At the close of the trial the defendant moved to dismiss the complaint, and the decision of the motion was reserved. The court then submitted the case to the jury, the jury retired and a recess was taken. After recess the jury returned, having failed to agree, whereupon the…
2Cases cited2 opinions
- Lynch v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Thompson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903