Hennessey v. Brooklyn City Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn City Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12th day of December, 1895, upon the verdict of a jury rendered after a trial at the Kings County Circuit, and also from an order entered in said clerk’s office on the 6th day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
The plaintiff' in this action is an infant, who was about twenty-one months old at the time of the accident which gave rise to the suit. The accident occurred on Christmas Day, 1891, and was due to, a collision between a phaeton driven by the father of the plaintiff and a car of the defendant operated by steam, on Third avenue, in the city of Brooklyn. The plaintiff’s father, who drove the wagon, was accompanied by his wife, and at the time of the- collision the plaintiff was held by the mother in her lap. It is not necessary to recite the circumstances of the collision, or to say…
2Cases cited7 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Hoag v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1888
- Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
- Lannen v. . the Albany Gas-Light Co.New York Court of Appeals · 1871
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3Cited by12 opinions
- Lewin v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Spaulding v. MineahAppellate Division of the Supreme Court of the State of New York · 1933
- Metcalfe v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Delaware, L. & W. R. v. DevoreCourt of Appeals for the Second Circuit · 1902
- Kupchinsky v. Vacuum Oil Co.New York Court of Appeals · 1933
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