Amato v. Sixth Avenue Railroad
New York Court of Common Pleas
Appeal from trial term. Action by Giovanni Amato, an infant, by Matthew De Sfephano, his guardian ad litem, against the Sixth Avenue Railroad Company, for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial on the minutes, defendant appeals.
1Opinion of the CourtBischoff, J.
In response to the call of a passenger, and intending to supply the latter with a paper, the plaintiff, a newsboy, jumped aboard one of the defendant’s cars. While standing on the front platform of the car in the act of supplying the passenger, the *52plaintiff was ordered off by the driver. The lad begged to be permitted to remain pending the passing of a truck, and did not at once leave the car, which was moving at the time. Heedless of the appeal, the driver violently pushed the lad, who fell off and under the car,, thus sustaining the injuries which have made him a cripple for life. True,…
2Cases cited4 opinions
- Kiff v. . YoumansNew York Court of Appeals · 1881
- Myers v. CohnNew York Court of Common Pleas · 1893
- Filkins v. . PeopleNew York Court of Appeals · 1877
- Paige v. ChedseyNew York Court of Common Pleas · 1893
3Cited by4 opinions
- Chicago, R. I. & P. Ry. Co. v. MatukasSupreme Court of Oklahoma · 1915
- Oregon Short Line Railroad v. RussellUtah Supreme Court · 1904
- Baber v. Broadway & S. A. R.New York Court of Common Pleas · 1894
- Klenk v. Oregon Short Line RailroadUtah Supreme Court · 1904