Tucker v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made November 6, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for alleged negligence causing the death of plaintiff’s intestate.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made November 6, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for alleged negligence causing the death of plaintiff’s intestate. The plaintiff’s intestate, a hoy of twelve years of age, while crossing Smith street in the city of Buffalo on the 27th day •of December, 1885, was run over by defendant’s locomotive and killed. It appears that decedent and his…
1Opinion of the CourtParker, J.
Whether the complaint should have been dismissed after the evidence was all in, on the ground that the negligence of the plaintiff’s intestate contributed to the accident, presents the only question which we shall discuss on this review.
In its disposition we shall consider first whether, assuming the intestate to have been sui juris, the evidence adduced authorized the jury to find that plaintiff’s intestate was free ■from contributory negligence. If not, whether the fact that the intestate was only a little over twelve years of age, considered in connection with the other circumstances…
2Cases cited4 opinions
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- McGovern v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
3Cited by3 opinions
- Malsky v. Schumacher & EttlingerNew York Court of Common Pleas · 1894
- McConnell v. BostelmannNew York Supreme Court · 1893
- Collis v. New York Central & Hudson River RailroadNew York Supreme Court · 1893