Cords v. Third Avenue Railroad
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Charles Cords against the Third Avenue Railroad Company. Judgment was rendered dismissing the complaint, and plaintiff appeals.
1Opinion of the CourtSedgwick, C. J.
The action was for damages for the loss of the services of plaintiff’s child, caused by the negligence of defendant’s servants in driving a car of defendant so that the child was knocked down by the horses and seriously hurt. In my judgment there were no facts in the case which would have justified the judge in submitting to the jury the issue of negligence. *440The negligence charged against the driver of the car was in not stopping the horses before they ran over the child. There was, however, no fact which tended to show that at any point of time the child was at a place where the driver could…
2Cited by1 opinion
- Spencer v. Chicago City Railway Co.Appellate Court of Illinois · 1921