Atchason v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Traction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 30th day of December, 1902, upon the verdict of a jury for $1,200, and also from an Order entered in said clerk’s office on the 30th day of December, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is for the negligent killing of plaintiff’s intestate, a child five and a half years of age.
The claim of the plaintiff was that the defendants motorman was negligent in failing to observe and to stop his car ás the child ran towards the track upon which his car was proceeding, and that the car was being run at an improper rate of speed..
The defendant’s contention was that the child Unexpectedly ran. *573from the curb to the track and ran into the fender of the car and so was injured.
In the number of witnesses who testified 'to the manner in which the accident happened, the…
2Cases cited5 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Kitchell v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Keller v. HaakerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Easton v. MedemaMichigan Supreme Court · 1929
- Dunn v. RuppertAppellate Division of the Supreme Court of the State of New York · 1915