Chave v. New York & Harlem Railroad
New York Supreme Court
Appeal from circuit court, New York county; Barrett, Justice. Action by Sarah R. Chave, as administratrix of Prank H. Chave, against the New York & Harlem Railroad Company, to recover damages for the killing of plaintiff’s intestate. The complaint was dismissed, and judgment entered for defendant, from which plaintiff appeals.
1Opinion of the CourtBartlett, J.
The trial judge was entirely right in dismissing the complaint in this action. There was no evidence of negligence on the part of the defendant. The plaintiff’s intestate, a lad over 11 years of age, got on the Iront platform of one of the defendant’s ears, and, after riding a short distance on the platform or the platform steps, let go or fell therefrom, and was run over by the car and fatally injured. It may be inferred from his proximity to the driver that the driver knew of his presence on the car, but there is nothing to show what, if anything, passed between him and the driver, and…
2Cited by1 opinion
- Francisco v. Troy & Lansingburgh RailroadNew York Supreme Court · 1894