Grealish v. Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ellen F. Grealish, as administratrix, etc., from an order of the Supreme Court, made at the Queens County Trial Term and entered in the office of the clerk of the county of Queens on the 1st day of July, 1908, granting the defendant’s motion to set aside the verdict of a jury in favor of the plaintiff for $4,000, and'for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
The decedent, a little girl 8£ years old, was crossing the street with a bunch of little children from the school house they attended to drink at a fountain opposite. A street car ran through them. There were one or more narrow escapes, and the decedent was killed. The learned trial Judge set the verdict for the plaintiff aside on the sole ground that the case was tried on the theory that the child was sui juris, and as there was no evidence of care on her part the verdict was unsupported. There is nothing in the record to support this statement. Counsel for the plaintiff announced…
2Cases cited1 opinion
- Gerber v. BoorsteinAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Grealish v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Streat Coal Co. v. Frankfort General InsuranceAppellate Division of the Supreme Court of the State of New York · 1923