Brady v. Consolidated Traction Co.

The opinion of the court was delivered by

Magie, Chief Justice.

A verdict in favor of plaintiff on a previous trial was set aside by this court. Brady v. Consolidated Traction Co., 34 Vroom 25. From the opinion of Mr. Justice Dixon it appears that plaintiff’s evidence then disclosed that a boy of about nine and a half years old ran across a crowded public street and was struck and injured by a trolley car which he saw approaching while still in a place of safety. The verdict was set aside on the' ground that the danger of being struck by the car was observed by the plaintiff, and that it was a…