Hill v. Baltimore & New York Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Hill, by his guardian ad litem^ Abram Martineau, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of . Richmond on the 10th day of March, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Richmond Trial Term, upon the opening of counsel, a portion of the plaintiff’s evidence having been taken, and also from an order entered in said clerk’s…
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Appeal by the plaintiff, Jacob Hill, by his guardian ad litem^ Abram Martineau, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of . Richmond on the 10th day of March, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Richmond Trial Term, upon the opening of counsel, a portion of the plaintiff’s evidence having been taken, and also from an order entered in said clerk’s office on the 6th day of March, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The. plaintiff, then an infant eleven years nine months and seven days old, was injured on the 22d day of March, 1897, while attempting to board a moving coal train of the defendant. He had caught hold of the handles of the car and had-swung his feet clear from the ground in the attempt to board the train, when one of the defendant’s brakemen threw a piece of coal at him, and. in endeavoring to dodge it he lost his hold, fell under the car and had his leg cut off. The dismissal of the complaint was before the plaintiff’s case was rested, and was based by the learned trial…
2Cases cited6 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- McKeon v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Meisch v. Rochester Electric Railway Co.New York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Golden v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- Batchelor v. Degnon Realty & Terminal Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Dempsey v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Gunsburger v. KristellerAppellate Division of the Supreme Court of the State of New York · 1919