Madden v. Chalmers

There are two causes litigated here, the principal one of which is an action by an infant for damages incurred through the negligence of the defendant, the receiver of the Second Avenue Railroad Company, and the other a suit by the infant’s father for loss of his services. The infant recovered $15,000 and the father $5,000.

The defendant receiver contends that the proof shows that there was no negligence shown on the part of the motorman of the car which caused the damage, and that there was contributory negligence upon the part of the boy who was injured, if he was sui juris; and if non sui…