Mowrey v. Central City Railway
New York Supreme Court
THIS action was brought by the plaintiff, a minor of the age of thirteen years, by his guardian, to recover damages for an injury done to his leg by one of the cars of the defendant while running along its track in Salina street in the city of Syracuse. The plaintiff was sent by his father to a druggist, for medicine, and after procuring it he' went into the street in order to get on a passing car, to ride home.
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THIS action was brought by the plaintiff, a minor of the age of thirteen years, by his guardian, to recover damages for an injury done to his leg by one of the cars of the defendant while running along its track in Salina street in the city of Syracuse. The plaintiff was sent by his father to a druggist, for medicine, and after procuring it he' went into the street in order to get on a passing car, to ride home. He hailed the car and started toward the front platform, to get on. Just then some one (the boy thought it was the driver) spoke in a quick, sharp way, and told him to get on the rear…
1Opinion of the Court
By the Court,
Mullin, J.
The right of recovery in this case rested on two facts, the proof of which devolved *46on the, plaintiff. These were: 1st. That the defendant was guilty of negligence, which caused the injury; and 2d. That the plaintiff was not guilty of any negligence that contributed to such injury.
It was not claimed, on the trial, nor is it on this appeal, that there was any doubt as to the negligence of the defendant.- The nonsuit was put upon other and different grounds; so that the first fact essential to a recovery was established.
The learned judge at the circuit was of the opinion…
2Cases cited11 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Hartfield v. RoperNew York Supreme Court · 1839
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
- Vasse v. SmithSupreme Court of the United States · 1810
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3Cited by2 opinions
- Birmingham Electric Ry. Co. v. Clay Admx.Supreme Court of Alabama · 1895
- People v. AcritelliNew York Court of General Session of the Peace · 1908