Gumby v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of May, 1901, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 24th day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The plaintiff, a boy five years of age, in charge of another lad about eleven years old, attempted to cross from the west to the east side of Sixth avenue at about the southerly corner of Third street. There was a wagon and a car proceeding on the westerly or downtown track, and also a car preceded by a wagon moving northward on the easterly or uptown track. The boys waited to allow the wagon on the westerly track to pass and then stepped into the space between the two tracks; the wagon that was going northward also passed and then they attempted to cross the easterly track. The…
2Cases cited4 opinions
- Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
- Starks v. PeopleNew York Supreme Court · 1847
- Cameron v. MontgomerySupreme Court of Pennsylvania · 1825
- Gumby v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- People v. MallonAppellate Division of the Supreme Court of the State of New York · 1906
- Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Judicial Settlement of Account of Proceedings of SteenwerthAppellate Division of the Supreme Court of the State of New York · 1904
- Linick v. International Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1904