Barry v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Union Railway Company of ISTew York City, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of blew York on the 14th day of December, 1904, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 12th day of December, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
On the 22d day of-August, 1901, shortly before six o’clock in the afternoon, the plaintiff, a newsboy then nine years of age, was either pushed off one of the defendant’s east-bound cars on One Hundred and Thirty-eighth street by the motorman or jumped or fell off while the car was in motion, and one or more wheels of the car passed over his right leg necessitating amputation, and this action is brought to recover for the damages thus sustained, on the theory that they were caused by the wrongful act of the motorman.
It was conceded on the trial that the plaintiff was sui juris.…
2Cases cited17 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
- Quinn v. . PowerNew York Court of Appeals · 1882
- Isaacs v. . Third Avenue R.R. Co.New York Court of Appeals · 1871
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3Cited by2 opinions
- Ahrens v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1908
- Ahrens v. Union Railway Co.New York Supreme Court · 1908