Moebus v. . Herrmann
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court' in the second judicial department, entered upon an order made December 15, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme ■Court' in the second judicial department, entered upon an order made December 15, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. (Reported below, 38 Hun, 370.) This action was brought to recover damages for the loss of services of plaintiff’s son and for expenses of medical treatment and nursing, caused by personal injuries received by the son, a lad about seven years of age, who having been sent out ■on an errand by his mother, when crossing a street…
1Opinion of the CourtDanfobth, J.
The jury have found that the child was not careless and that the defendant’s driver was negligent. If there is evidence to support these findings the only circumstance which distinguishes this case from Murphy v. Orr (96 N. Y. 14), is that the child whose conduct is now in question, was not on the cross-walk. A person on foot has, however, a right to cross the street where he pleases, and the inquiry is the same, whether, under the circumstances in any given case he does so with due caution. So with the driver. He was bound to be watchful at all points, elsewhere as well as at the cross-walk,…
2Cases cited2 opinions
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Murphy v. . OrrNew York Court of Appeals · 1884
3Cited by66 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Baker v. . CloseNew York Court of Appeals · 1912
- Adler v. MartinSupreme Court of Alabama · 1912
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Stringer v. FrostIndiana Supreme Court · 1889
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