Lang v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from circuit court, Kings county; Cullen, Justice. Action by John Lang against the New York, Lake Erie & Western Railroad Company for damages caused by a brakeman knocking plaintiff’s son, a boy 11 years old, from a freight train while in motion, whereby the boy’s foot was crushed, necessitating the amputation of the foot and a portion of the leg.
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Appeal from circuit court, Kings county; Cullen, Justice. Action by John Lang against the New York, Lake Erie & Western Railroad Company for damages caused by a brakeman knocking plaintiff’s son, a boy 11 years old, from a freight train while in motion, whereby the boy’s foot was crushed, necessitating the amputation of the foot and a portion of the leg. The court charged the jury, among other things, that the father had an interest in the child to the same extent, and to a certain degree of the same character, that he would have in a chattel. “He is bound to support the boy, and take care of…
1Opinion of the CourtBarnard, P. J.
The plaintiff’s son, a boy of 11 years of age, got on a freight car of defendant at Hoboken, H. J. The object of the boy was, and it seems to have been a habit with boys in the neighborhood, to ride some six blocks to Wehawken. The plaintiff had no permission to ride, nor did the *566other boys. On this particular occasion a brakeman, after the train had started, told the boy to get off. The boy replied: “ Wait until you get to Wehawken.” The brakeman replied, “No,” and began to throw pieces of coal at the boy. The boy retreated to the next car behind him, and the brakeman pursued. Just as the…
2Cases cited2 opinions
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Cuming v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888
3Cited by4 opinions
- Dixon v. Northern Pacific Railway Co.Washington Supreme Court · 1905
- Mallach v. RidleyNew York Supreme Court · 1888
- Hewson v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Lang v. New York, L. E. & W. R.New York Supreme Court · 1894