Costello v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Costello, an infant, by John Costello, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 18th day of May, 1897, upon the dismissal of the complaint by direction of the' court after a trial at the New York Trial Term.
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Appeal by the plaintiff, John Costello, an infant, by John Costello, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 18th day of May, 1897, upon the dismissal of the complaint by direction of the' court after a trial at the New York Trial Term. The action was brought to recover damages for injuries sustained by the plaintiff 'from being run over by a cable car through the negligence of the defendant. At the time of the injury the plaintiff was about eight years old and a bright healthy'…
1Opinion of the Court
O’Brien, J.:
The sole question for our consideration is as to whether or not the trial judge erred in dismissing the complaint upon the ground that the plaintiff was guilty of contributory negligence. In disposing of the motion to dismiss, the learned judge summarized the facts by saying: “ The boy while running diagonally across the street, with nothing to obstruct his view, was struck by the left side of the front of the car and thrown under the left side of the car. This shows conclusively that he had not sufficient time to head off the caí’, and that in making the attempt he was guilty of…
2Cases cited1 opinion
- Fandel v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Downey v. Baton Rouge Electric & Gas Co.Supreme Court of Louisiana · 1908