Dowd v. Brooklyn Heights Railroad

This is an appeal from a judgment of non-suit. This action was brought to recover damages for the death of plaintiff’s child, who, it is alleged, was killed, at the age of eight years, .through the negligence of the motorman of one of defendant’s trolley cars. The motion to dismiss' the complaint was made, when the plaintiff rested his case, upon the grounds that defendant was not negligent and deceased was *280negligent. Was it error to grant this motion, we are called upon to answer.

There is evidence which the jury was justified in believing, and from which it can be fairly inferred, that on…