Barry v. Second-Avenue Railroad
New York Court of Common Pleas
Appeal from trial term. Beversed. Action by John Henry Barry, an infant, by James Barry, his guardian ad litem, against the Second-Avenue Railroad Company for injuries to plaintiff. There was a verdict for plaintiff, and from judgment thereon defendant appeals.
1Opinion of the CourtPryor, J.
The facts, of which there was competent evidence, that the car was run at a dangerous speed, and that the driver was inattentive in his lookout for pedestrians, were sufficient to justify the jury in the inference of negligence; and we find no such preponderance of proof to the contrary as would warrant us in setting aside the verdict. Whether the parents of the child, he being non sui juris, were negligent in suffering him to be in the position of peril where he incurred the injury, presents another, but hardly more difficult, question. Had the plaintiff been a responsible person, he would,…
2Cases cited12 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
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3Cited by2 opinions
- Barry v. Second-Avenue RailroadNew York Court of Common Pleas · 1891
- Dudley v. WestcottNew York Court of Common Pleas · 1892