Gumby v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George A. Gumby, an infant, by Mary L. Clayton, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of January, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
O'Brien, J.:
The complaint in this action- was dismissed on the ground that no negligence on the part of the defendant was shown in connection with the occurrence which resulted in grave injuries to the infant plaintiff. On this appeal, which is from the judgment entered on the dismissal of the complaint, it is necessary only to examine the record to ascertain whether the action of the court below was right.
It appeared in evidence that on the 22d day of May, 1897, the plaintiff, an infant of five years of age, in company with an older boy, about eleven years of age, was crossing Sixth avenue,…
2Cited by1 opinion
- Gumby v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901