Bisogno v. New York Railways Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff in the first-entitled action, Frank Bisogno, 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 7th day of February, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of December, 1918, denying plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff in the first-entitled action, Frank Bisogno, 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 7th day of February, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of December, 1918, denying plaintiff’s motion for a new trial made upon the minutes. Appeal by the plaintiff in the second-entitled action, Fedele Bisogno, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of…
1Opinion of the Court
Clarke, P. J.:
The infant plaintiff was nine years of age at the time of the accident and was so immature that at the trial, a year and a half thereafter, the court declined to have him sworn, but by consent of counsel permitted him “to be examined * * * without the formality of an oath, regarding the testimony that he may give, as in the form of a statement for the benefit of the jury.” .
The jury could have found from the evidence that the boy, who had been playing upon the street, ran out into the roadway and got upon the south-bound track upon which he proceeded south for thirty feet before…
2Cases cited6 opinions
- Bragg v. Central New England Railway Co.New York Court of Appeals · 1920
- McKeon v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Hallock v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1910
- Mallard v. Ninth Ave. R. Co.New York Court of Common Pleas · 1889
- Thomas v. KenyonNew York Court of Common Pleas · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Schafer v. Norwood Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 1950
- Williams v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1930