Albrecht v. Rochester, Syracuse & Eastern Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of' the Supreme Court in the fourth judicial department, entered December 23, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The motorman had no reason to expect that a helpless infant, without sufficient knowledge or ability to escape when warned of danger, would stray upon the right of way.
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Appeal from a judgment of the Appellate Division of' the Supreme Court in the fourth judicial department, entered December 23, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The motorman had no reason to expect that a helpless infant, without sufficient knowledge or ability to escape when warned of danger, would stray upon the right of way. He did everything in his power to avert the accident the instant he discovered that the child was in a place of danger. No negligence on the…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for the alleged negligent killing of the plaintiff’s intestate. The decedent was a son .of the plaintiff, one year and three months of age, who had escaped from the custody of his parents and walked out upon the defendant’s right of way where he was struck in the head by the step of the defendant’s car as.it was passing, causing the death of the child.
The plaintiff was a farmer residing in the town of Perinton, Monroe county, about half a mile west of the village of Fairport on the northern bank of the Erie canal. The defendant’s right of way abuts…
2Cases cited1 opinion
- Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
3Cited by8 opinions
- Porter v. New York City Interborough Railway Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Rutkowski v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1936
- Garemchuk v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1939
- Keppler v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1942
- Lee v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1935
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