Tucker v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the general term of the superior-court of Buffalo, affirming a judgment in favor of the plaintiff, entered upon the verdict of a jury. The plaintiff’s intestate, a boy twelve years of age, while crossing Smith street in the city of Buffalo on the 27th day of December, 1885, was run over by defendant’s locomotive and killed.
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Appeal from a judgment of the general term of the superior-court of Buffalo, affirming a judgment in favor of the plaintiff, entered upon the verdict of a jury. The plaintiff’s intestate, a boy twelve years of age, while crossing Smith street in the city of Buffalo on the 27th day of December, 1885, was run over by defendant’s locomotive and killed. It appears that plaintiff’s intestate and his brother were passing-southerly down Smith street, which was crossed between Oneida, and Bristol streets by four railroad tracks belonging to the defendant corporation, by three tracks of the West Shore…
1Opinion of the CourtParker, J.
Whether the complaint should have .been dismissed after the evidence was all in on the ground that the negligence of the plaintiff’s intestate contributed to the accident the which we shall discuss on this review,
In its disposition we shall consider first whether, assuming the intestate to have been sui juris, the evidence adduced authorizes the jury to find that plaintiff’s intestate was free from contributory negligence. If not, whether the fact that the intestate was only a little over twelve years of age, considered in connection with the other circumstances proven, could .be permitted to…
2Cases cited6 opinions
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Cordell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877
- McGovern v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
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3Cited by19 opinions
- Umsted ex rel. Umsted v. Colgate Farmers Elevator Co.North Dakota Supreme Court · 1909
- Brown v. ConnollyCalifornia Supreme Court · 1965
- Doggett ex rel. Doggett v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1907
- Grenier v. Town of GlastonburySupreme Court of Connecticut · 1934
- Benedict v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1902
14 more not listed; retrieve them via the Exa API.