Kister v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lena Kister, an infant, by Barnett Kister,. her 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 New York on the 23d day of November, 1898, upon the dismissal of her complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 14th day of November, 1898, denying the plaintiff’s motion for…
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Appeal by the plaintiff, Lena Kister, an infant, by Barnett Kister,. her 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 New York on the 23d day of November, 1898, upon the dismissal of her complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 14th day of November, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought to recover damages alleged to have been sustained by the plaintiff as the result of burning coals falling up>on her, which escaped from one of the.engines of the defendant as it was running upon its road.
It appeared from the evidence that on the 12th of February, 1896, the plaintiff, a girl of about fourteen years- of age, had been visiting her aunt at No. 158 Allen street, through which street the defendant’s railroad runs, the track being. partially above the sidewalk. Between the hours of six and seven in the evening, the *442plaintiff, with her mother…
2Cases cited3 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
3Cited by2 opinions
- Langley v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901
- Langley v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901