Wise v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Wise, 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 19th day of January, 1899, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial at the Kings County Trial Term.
1DissentGoodrich, P. J.
Stare deeisis is my reason for dissenting from the opinion of Mr. Justice Hatch.
In Thompson v. B. R. Co. (145 N. Y. 196) a girl fourteen years ■of age, while playing a game of “ I spy ” in the street, was killed by ■a passing car. The court reversed a judgment against the defendant, on the ground that the evidence clearly showed the person injured to have been guilty of contributory negligence. One statement of the learned judge who wrote the opinion is singularly applicable to the present controversy. “ It is said that she may have been deceived in reference to the approaching cat by reason…
2Cases cited4 opinions
- Thompson v. Buffalo Railway Co.New York Court of Appeals · 1895
- Landrigan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Hickman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Luhrs v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1897