Delaware, Lackawanna & Western Railroad v. Reich
Supreme Court of New Jersey
On error to the Essex Circuit. The defendant in error (who was the plaintiff below), on the 15th day of June, 1896, then being thirteen year’s of age, had her foot crushed while in the act of rescuing her brother, a child six years of age, who was playing on a turntable of the defendant company.
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On error to the Essex Circuit. The defendant in error (who was the plaintiff below), on the 15th day of June, 1896, then being thirteen year’s of age, had her foot crushed while in the act of rescuing her brother, a child six years of age, who was playing on a turntable of the defendant company. It appeared in the case that the brother of the plaintiff, in company with several other little children, went to the company’s turntable to play, and that she, deeming her brother to be in peril, went to the turntable, while the same was motionless, for the purpose of taking her brother off, and…
1Opinion of the Court
The opinion of the court was delivered by
Gummere, J.
This ease was tried below, and has been argued here by counsel on both sides, on the theory that the legal position of the parties, so far as their respective rights and duties are concerned, is the same as if the plaintiff had been injured while herself playing upon the defendant company’s turntable, in ignorance of the danger to which she was subjecting herself, and that such ignorance was due to the fact that she was not of an age to understand or appreciate the peril. For the purpose of disposing of the case, therefore, it will be…
2Cases cited12 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Snare & Triest Co. v. FriedmanCourt of Appeals for the Third Circuit · 1909
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Bottom's v. HawksSupreme Court of Vermont · 1911
23 more not listed; retrieve them via the Exa API.