Legal Opinion

Young v. Atlantic Avenue Railroad

New York City Court

Decided December 15, 1894PublishedCited by 5 opinions

Appeal from judgment in favor of defendant, entered upon a dismissal of the comnlaint.

1Opinion of the Court

Clement, Ch. J.

The plaintiff’s intestate, a hoy, was, at the time of his death, of the age of seven and one-half years, and, if sui juris, could only be held to the degree of care required of one of his age of ordinary prudence. The testimony in the case is not very satisfactory, though certain facts were proven. One Griessman was at the time in the doorway of his place of business, at the northeast corner of Duffield and Concord streets, looking out towards the west side of Duffield street, and saw the boy when he was between the two tracks on Concord street, at or near the west crosswalk.…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
  2. Murphy v. . OrrNew York Court of Appeals · 1884
  3. People v. SchadNew York Supreme Court · 1891

3Cited by5 opinions

  1. Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
  2. Evansville Street Railroad v. GentryIndiana Supreme Court · 1896
  3. Hughes v. Pacific Electric Railway Co.California Court of Appeal · 1922
  4. Ehrmann v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  5. Faurot v. Brooklyn Heights RailroadNew York City Court · 1895

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