Kostenbaum v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City Railway Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 25th day of February, 1907, setting aside the verdict of a jury in favor of the defendant and granting a new trial of "the action.
1Dissent
Laughlin, J. (dissenting):
The learned justice submitted it to the jury fco determine, as a question of fact, whether or not the decedent, who was just under six years of age, was sui juris, and instructed the jury that if they should find that she was .non sui juris they were to consider in determining the' question of contributory negligence both her own conduct and that of her parent or guardian. In other words, the jury were instructed that even if the child was non sui juris she was still bound to exercise that degree of care for her own safety-that a child of her own age and intelligence…
2Cases cited4 opinions
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Serano v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1907
- Neun v. . Rochester Railway Co.New York Court of Appeals · 1900
- City of Buffalo v. Delaware, Lackawanna & Western Railway Co.New York Court of Appeals · 1903