Chrystal v. . Troy Boston R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 24, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The fact that this seventeen months old infant was on this railroad track unattended is, of itself, such evidence of negligence on the part of his mother as to prevent a recovery.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 24, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The fact that this seventeen months old infant was on this railroad track unattended is, of itself, such evidence of negligence on the part of his mother as to prevent a recovery. (Hartfield v. Roper, 21 Wend. 615.) That the plaintiff was non sui juris imposed no additional duty upon the defendant. All that…
1Opinion of the Court
This action was commenced to recover for injuries caused to the plaintiff by the defendant carelessly running an engine over him upon its road. It denies that it was guilty of any negligence or fault causing the injury, and alleges that there was negligence on the part of the plaintiff's mother, a widow, which exposed him to the injury which he sustained.
The accident happened on the 4th day of September, 1877, and the action was commenced on the 2d day of February, 1880, and was brought to trial on the 21st day of May, 1884. At the time of the accident the plaintiff was a nursing infant,…
2Cited by53 opinions
- Ryan v. TowarMichigan Supreme Court · 1901
- Spooner v. D., L. & West. RailroadNew York Court of Appeals · 1889
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Cleveland, C., C. & St. L. Ry. Co. v. TarttCourt of Appeals for the Seventh Circuit · 1894
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