Platt v. . Albany Railway
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third, judicial department, entered Movember 22, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an Order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third, judicial department, entered Movember 22, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an Order denying a motion for a new trial. On the 29th of May, 1897, Harry Platt, a lad between eleven and twelve years of age, was run over and killed by ah electric car, as he was crossing the tracks of the defendant on Broadway at its intersection with Horth Lansing street in the • city of Albany. The plaintiff, as administrator of his estate, brought this action to recover damages, upon the…
1Opinion of the CourtVann, J.
We think there was a question of fact for the jury as to the negligence of the defendant, independent of the allegation that there was no fender on the car which ran over the decedent. We are also of the opinion that there was evidence, which, if believed by the jury, ivarranted the conclusion that the- plaintiff’s intestate was free from contributory Negligence.
We find no reversible error in the record, except the charge of the trial judge and his refusal to charge as requested, in relation to the omission of the defendant to equip its cars with fenders prior to the accident. It appeared…
2Cases cited1 opinion
- Mitchell v. . TurnerNew York Court of Appeals · 1896
3Cited by2 opinions
- Tecker v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1910
- Fritsch v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904