Bayliss v. International Railway Co.

This action was brought to recover damages for the death of the plaintiff’s son, a child of five years who was run over and killed by one of the defendant’s' trolley cars operating westerly on Hertel avenue in the city of Buffalo.

The court would deem it its duty to set aside the verdict in this case save for one circumstance which will be discussed later. We are impressed with the fact that the plaintiff’s intestate darted directly in front of the car by which he was hit and run over. We think this was so suddenly and quickly done that the motorman had no opportunity of stopping the car or…