Byrnes v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the County Court of Queens county, entered in the office of the clerk of said county on the 1st day of March, 1911, upon the verdict of a jury for $100, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff, a boy between the age of ten and eleven years, stepped down from the curbstone on the right-hand side Of Nostrand ayenue, near Floyd street, in the borough of Brooklyn, and walked slowly in a diagonal line with the defendant’s track, stepping upon the same, when he was struck by the right-hand corner of the fender,, sustaining injuries for which *795the jury has awarded a-ver diet of $100. The plaintiff testifies that just as he stepped down from, the curb, he looked and saw defendant’s car approaching quite rapidly; that the car was then about half a block away,…
2Cited by4 opinions
- Porter v. New York City Interborough Railway Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Nowakowski v. New York & North Shore Traction Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Zenner v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Denver City Tramway Co. v. BrownSupreme Court of Colorado · 1914