Burke v. Broadway & Seventh Avenue Railroad
New York Supreme Court
APPEAL from a judgment rendered at the circuit upon the verdict of a jury in favor of the plaintiff, for $500, in an action brought to recover damages for loss of service of his minor child, a lad less than six years of age, who was run over by one of the defendants’ cars, in Thompson street, in the city of New York, on the 3d of May, 1865, through the alleged negligence of the defendants, their agents or servants, and so badly injured as to require the amputation of his…
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APPEAL from a judgment rendered at the circuit upon the verdict of a jury in favor of the plaintiff, for $500, in an action brought to recover damages for loss of service of his minor child, a lad less than six years of age, who was run over by one of the defendants’ cars, in Thompson street, in the city of New York, on the 3d of May, 1865, through the alleged negligence of the defendants, their agents or servants, and so badly injured as to require the amputation of his leg. The material facts are stated in the opinions. When the plaintiff rested, and again, at the close of the case, the…
1Dissent
Miller, J. (dissenting.)
The principle of law is well settled that to recover damages in an action for injuries occasioned by the negligence of a party, it must be made to appear that the defendant was guilty of negligence, and that there was no negligence on the part of the plaintiff which co-operated with the misconduct of the defendant to produce the injury complained of. (Button v. Hudson River R. R. Co., 18 N. Y. Rep. 248. Deyo v. N. Y. Central R. R. Co., 34 id. 9. Tonawanda R. R. Co. v. Munger, 5 Denio, 255; 4 Comst. 349, Wilds v. Hudson River R. R. Co., 24 N. Y. Rep. 430.)
*532Where the…
2Cases cited7 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
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