Pinder v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered Hovember 29,1901, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the'court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered Hovember 29,1901, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the'court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There being no evidence to show decedent’s freedom from contributory negligence, and no circumstances from which a reasonable inference could be drawn by the jury that he was free from contributory negligence, the trial court did not err in…
1Opinion of the CourtGray, J.
The action was brought to recover damages for the death of the plaintiff’s intestate; which the complaint alleged to have been caused by the negligence of the defendant, in the operation of one of its cars upon the Bostrand avenue route, in Brooklyn. The deceased was, concededly, a bright lad of fourteen years of age, with no physical defect, save that of being slightly tongue-tied, and the accident occurred at about eleven o’clock in the evening, as he was upon his way from Bockaway Beach to Bergen Beach ; a trip which he had been more or less accustomed to make alone. The plaintiff’s…
2Cited by7 opinions
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
- Lofsten v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Pierce v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
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