Maher v. . C.P., N. and E.R.R.R. Co.

At the close of the plaintiff's case and again at the close of the trial, the defendant's counsel moved to dismiss the complaint substantially upon the grounds: First. That the plaintiff had not shown himself free from negligence, but on the contrary, negligence of the plaintiff contributed to the accident. Second. That there had been no negligence shown on the part of the defendant. The plaintiff was an infant of the age of ten years and upwards, and the injury was occasioned as is claimed by the negligence of the driver on defendant's horse railway car in the city of New York, in starting…