Charlton v. Forty-second Steeet, Manhattanville and St. Nicholas Avenue Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Forty-second Street, Manhattan-ville and St. Nicholas Avenue Railway Company, from a judgment, of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of May, 1902, upon the verdict of a jury for $1,000, and also Rom an order entered in said clerk’s office on the 16th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Forty-second Street, Manhattan-ville and St. Nicholas Avenue Railway Company, from a judgment, of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of May, 1902, upon the verdict of a jury for $1,000, and also Rom an order entered in said clerk’s office on the 16th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries sustained by the plaintiff through the defendant’s alleged negligence.
1Per curiam
The plaintiff in this action is an infant between twelve and thirteen years of age. In charging as to the degree of care to be observed by the infant the court said: “ In the case of a child it is that degree of care which ordinarily a child of the same age and development might be expected to use, not necessarily the care of an adult person.” And again, “ If the plaintiff used ordinary care himself, that is to say, the amount of care which should reasonably be expected from a child of his age and apparent development and ability and he was injured by reason of a situation of danger,” the…
2Cases cited1 opinion
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903