Dempsey v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Dempsey, as administrator, etc., of Joseph Dempsey, Jr., deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 13th day of April, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Hirsohberg, P. J.:
The plaintiff was nonsuited on the close of the evidence in an action to recover damages for the death of his intestate, a child nine years and three months old, who was overtaken and killed by one of the defendant’s trolley cars, on Graham avenue in the borough of Brooklyn, between six and seven o’clock in the afternoon of October 31, 1901. It was Hallowe’en, and the plaintiff’s intestate, with other childish companions, was playing the usual pranks indulged in by children on the recurrence of that occasion, striking and chasing one another with stockings or bags filled…
2Cases cited4 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Hill v. Baltimore & New York Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902