Honegsberger v. Second Avenue Railroad
New York Court of Appeals
Appeal from a judgment of the court of common pleas of the city of Hew York, affirming a judgment for plaintiff obtained in that court. (Reported 1 Daly, 89.) The plaintiff sues to recover damages sustained by him in consequence of injuries inflicted on his infant son by the negligence of one of the defendants’ servants. The defendants deny the plaintiff’s allegations, and say that the injuries were occasioned by the carelessness of the boy.
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Appeal from a judgment of the court of common pleas of the city of Hew York, affirming a judgment for plaintiff obtained in that court. (Reported 1 Daly, 89.) The plaintiff sues to recover damages sustained by him in consequence of injuries inflicted on his infant son by the negligence of one of the defendants’ servants. The defendants deny the plaintiff’s allegations, and say that the injuries were occasioned by the carelessness of the boy. On the trial the following facts were shown : Solomon, the plaintiff’s son, on the 22d of May, 1857, was attending the public school situated on the east…
1Opinion of the CourtHogeboom, J.
The charge of the judge, as construed in the light of the evidence, must be considered as applied to a child of some six or seven years of age. That was the age stated in the complaint, and not denied in the answer, and assumed in the defendants’ request to charge the jury, and there not controverted. So understood, and remember- ; ing also the fact that the father, and not the child, is the plaintiff in the action, I am of opinion that the charge was erroneous.
Even as applied to the child, if he had been plaintiff, I do not see how such a charge could be sustained, if we adhere to the case…
2Cases cited3 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Spencer v. Utica & Schenectady Raid-RoadNew York Supreme Court · 1849
- Willetts v. Buffalo & Rochester RailroadNew York Supreme Court · 1853
3Cited by11 opinions
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Karpeles v. . HeineNew York Court of Appeals · 1919
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Jacobs v. H. J. Koehler Sporting Goods Co.New York Court of Appeals · 1913
- Wendell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
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