Longacre v. . Yonkers Railroad Co.

Hiscock, Ch. J.

The question to which we ultimately come in this case is the one whether plaintiff’s complaint should have been dismissed or a new trial granted.

The defendant operates a trolley road. Under the care of a young woman who acted as their nurse or attendant the plaintiff and his brother became passengers on one of the defendant’s cars. The two boys were respectively five and seven years of age. After they got on the car they became unruly and their attendant was unable fully to control them. Their unruliness first took the form of running out upon the rear platform of the car but…