Baber v. Broadway & S. A. R.
New York Court of Common Pleas
Action by George L. Baber, an infant, by his guardian ad litem, against the Broadway & Seventh Avenue Railroad Company, for personal injuries. The complaint was dismissed, and plaintiff moves for a new trial on exceptions ordered to be heard at general term in the first instance. Granted.
1Opinion of the CourtBischoff, J.
When the trial judge directed the dismissal of the complaint, it sufficiently appeared from the evidence that the plaintiff sustained his injuries through the fault of the defendant’s driver, and that the plaintiff was free from contributory negligence. The conduct of the driver, though wanton, was in the course of his employment. On the evening, of April 9, 1891, the plaintiff, a newsboy, 11 years of age, without molestation by the driver, who was standing close by, boarded the front platform of the defendant’s car, which had come to a stop at Twenty-Fourth street and Seventh avenue. His…
2Cases cited1 opinion
- Amato v. Sixth Avenue RailroadNew York Court of Common Pleas · 1894
3Cited by3 opinions
- Waniorek v. United RailroadsCalifornia Court of Appeal · 1911
- Barry v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Baber v. Broadway & S. A. RailroadNew York Court of Common Pleas · 1895