Longacre v. Yonkers Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Yonkers Railroad Company, from a, judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 31st day of March, 1919, upon the verdict of a jury for $30,000, and also from an order entered in said clerk’s office on the 7th day of March, 1919, denying defendant’s motion for a new trial made upon the minutes in an action to recover for negligent injury.
1Opinion of the Court
Kelly, J.:
The infant plaintiff, five and one-half years of age, with his brother, seven years of age, were passengers upon one of the defendant’s street railroad cars on March 14, 1913. They were in charge of a nurse, a Polish girl speaking little English, who had been in the employ of plaintiff’s family for about a year preceding the accident. She had much difficulty in controlling the two children, who ran about the car and out upon the platform. The conductor put them back inside the car, but they would not obey the nurse. She chased them about the car and caught them, but they broke away…
2Cases cited10 opinions
- Wilbur v. SeldenNew York Supreme Court · 1826
- Paul v. . Consolidated Fireworks Co.New York Court of Appeals · 1914
- Jackson ex dem. Potter v. BaileyNew York Supreme Court · 1806
- Knowles v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1918
- Shaw v. New York Elevated RailroadNew York Court of Appeals · 1907
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3Cited by3 opinions
- Carter-Wallace, Inc. v. William N. Otte, as Trustee in Bankruptcy of Davis-Edwards Pharmacal Corp.Court of Appeals for the Second Circuit · 1973
- Longacre v. . Yonkers Railroad Co.New York Court of Appeals · 1923
- Carter-Wallace, Inc. v. William N. Otte, as Trustee in Bankruptcy of Davis-Edwards Pharmacal Corp.Court of Appeals for the Second Circuit · 1973