Nitchman v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Agnes Mtchman, an infant, etc., from a judgment of the Suprenie Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 9th day of December, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Kings County Trial Term.
1Opinion of the Court
Woodward, J,:
This is a nonsuit, and the plaintiff is entitled to the most favorable view of the evidence. The jury might find from the evidence that the plaintiff, a child of five years of age, disobeying the directions of competent persons in charge of her, went down upon the street, the home being at 133 Twentieth street, borough of Brooklyn, and while in the act of crossing Third avenue she was struck by the fender of one of defendant’s cars, running at the rate of eight miles an hour, and not under control, receiving more or less serious injuries. The evidence is to the effect that the…
2Cases cited1 opinion
- Jackson v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902