Braun v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Braun, an infant, by John .Y. Braun, his guardian ad litem, from a judgment of the. Municipal Court of the city of Hew York in favor of the defendant, dismissing thécomplaint. -
1Opinion of the Court
Woodward, J.:
The facts, as. stated by respondent, aré that the plaintiff, a sevenyéar-óld child, was a passenger, in company with his father, on one of the defendant’s cars, about eight o’clock at night, on' October 11, *5671903. The car was derailed — left the track, the front end of the car going into a ditch or excavation along the track—and the infant plaintiff sustained some personal injuries, for which this action sought recovery.
At the close of the evidence, in which the defendant sought to establish certain facts in reference to the condition of the car and of the track, the learned…
2Cases cited3 opinions
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Hastings v. Central Crosstown RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Hollahan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Ludinsky v. Dry Dock, E. B. & B. R.Appellate Terms of the Supreme Court of New York · 1907
- Ludinsky v. New York City Railway Co.New York Supreme Court · 1907