Delkowsky v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Harris Delkowsky, as administrator, against the Dry Dock, East Broadway •& Battery Railroad Company. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtPatterson, J.
In this case it appears that the plaintiff’s intestate, a very bright, intelligent child, seven years and eight months of age, who had been attending school for two years, on the 5th of September, 1901, attempted to cross East Broadway, in the city of New York, and while doing so he was run over by a horse car belonging to the defendant, and sustained injuries from which he died the next day. There was evidence of negligence of the driver of the car, and also evidence from which the jury might infer that there was contributory negligence. The court, in its charge, stated to the jury that it…
2Cases cited1 opinion
- Bortz v. Dry Dock, East' Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Phelan v. Forty-Second StreetAppellate Division of the Supreme Court of the State of New York · 1903
- Phelan v. Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Trauber v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903