Hodges v. Westcott Express Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Hodges, an infant, by Elizabeth Hodges, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 22d day of July, 1898, upon the dismissal of his complaint by direction of the court after a trial at the Hew York Trial Term.
1Opinion of the Court
McLaughlin, J.:
On the 26th of October, 1897, the plaintiff, then nine years of age, attempted to cross First avenue near Sixty-fifth street, in the city of Hew York, and in doing so he was seriously injured by a horse driven by one of defendant’s servants, and he instituted this *546action to recover damages for his injuries upon the ground that the same were caused by the negligence of the defendant. Upon the trial the plaintiff was nonsuited and judgment entered to that effect, from which he has appealed.
In determining whether the nonsuit was properly granted, the rule is well settled that the…
2Cited by2 opinions
- Cantanno v. James A. Stevenson Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Thomson v. SeamanAppellate Division of the Supreme Court of the State of New York · 1901