Jones v. Brooklyn Heights Railroad

Action to recover damages for negligently -causing the death" of plaintiff’s intestate, a-child four years -of age. Plaintiff had a verdict, and defendant appeals from the judgment entered thereon and the Order denying motion for a new trial.

The learned counsel for the appellant contends- that the "motion to - dismiss the complaint should have been granted, on the grounds, jvrst, that plaintiff failed to prove any negligence ■on the part of defendant’s servants, and, second, that. plaintiff failed to prove freedom from contributory negligence on the part of the parents of the deceased child.

On…