Batchelor v. Degnon Realty & Terminal Improvement Co.
Appellate Division of the Supreme Court of the State of New York
, Appeal by the plaintiff, Andrew Batchelor, an infant, by John Batchelor, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 23d day of April, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s evidence upon a trial at the Queens County Trial Term.
1Opinion of the Court
Gaynor, J.:
The plaintiff was five years old when injured. The defendant was running its dirt cars, such as are used by contractors, along Middleburg avenue on a temporary track. Moore street does not cross Middleburg avenue, but runs into it at or near right angles and ends there. A train of these cars was standing with its rear at Moore street. The plaintiff was crossing Middleburg avenue at Moore street, and as he got on the defendant’s tracks, and about six feet in the rear of the said train, it was suddenly backed up and ran over him. On these facts a non-suit was granted. This was error,…
2Cases cited3 opinions
- Simkoff v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1907
- Zwack v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1899
- Hill v. Baltimore & New York Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Batchelor v. Degnon Realty & Terminal Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Logan v. JacksonAppellate Division of the Supreme Court of the State of New York · 1956