Huerzeler v. Central Cross-Town Railroad
New York Court of Common Pleas
Appeal from trial term. Action by Fritz Huerzeler against the Central Cross-Town Railroad Company to recover for the death of his daughter, alleged to have been caused by the negligence of defendant. The deceased child was five years old, and bright and healthy. From a judgment entered on a verdict of $2,000 in favor of plaintiff, and from an order denying a new trial, defendant appeals. Affirmed.
1Opinion of the CourtPryor, J.
The case was tried upon the postulate that the child was non sui juris. Nevertheless the learned trial judge charged that “a recovery can be had if the negligence of the defendant was the sole cause of the injury, and no negligence of the child contributed to it;” and, more explicitly still, that, “if the jury find that the deceased’s own negligence contributed to her death, they must find for the defendant.” Upon this instruction the verdict for the plaintiff necessarily negatives the fact of the child’s contributory negligence; and hence the parent’s negligence, if any, was ineffectual to…
2Cases cited11 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Kunz v. . City of TroyNew York Court of Appeals · 1887
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3Cited by3 opinions
- Citizens' Street Railroad Co. of Indianapolis v. StoddardIndiana Court of Appeals · 1894
- Bisogno v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Pastore v. LivingstonCity of New York Municipal Court · 1911