Dudley v. Westcott
New York Court of Common Pleas
Appeal from city court, general term. Action by Florence Dudley against the Westcott Express Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBookstaver, J.
This action was for damages for running over the plaintiff, who, when hurt, was three years and four months old. So evidence was offered on behalf of the defendant, apparently because it was thought unnecessary, in view of the fact that Frank W. ICearney, one of the witnesses for the plaintiff, who was on that day driving a car on the Boulevard Railroad, and who was in a position to and did see how the accident happened, testified that it occurred by reason of the plaintiff running between the front and hind wheels of defendant’s wagon. The court charged the jury that, if the child was…
2Cases cited8 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Buckley v. Gutta Percha & Rubber Manufacturing Co.New York Court of Appeals · 1889
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. Vining's AdministratorIndiana Supreme Court · 1867
- Flynn v. HattonNew York Court of Common Pleas · 1872
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