Jetter v. New York & Harlem Railroad
New York Court of Appeals
Philip J. Jetter sued the New York & Harlem Railroad Company, in the New York common pleas, to recover for loss of services, and for his expenses, &c., occasioned by an injury to his child, which was struck and run over by a car on defendant’s track, while crossing a street in the city of New York. The child was about six years of age, deaf, and, partly dumb.
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Philip J. Jetter sued the New York & Harlem Railroad Company, in the New York common pleas, to recover for loss of services, and for his expenses, &c., occasioned by an injury to his child, which was struck and run over by a car on defendant’s track, while crossing a street in the city of New York. The child was about six years of age, deaf, and, partly dumb. The car was driven at full speed of'the horses, out of the depot and around a curve of the track into the center of the street. The child, who was accompanied on the street by an adult servant, was knocked down and severely injured. The…
1Opinion of the Court
By the Court.
Davis, J.
I think there was no error in denying the motion for nonsuit. The evidence on the part of the plaintiff tended strongly to show negligence in the management of the car; and, if his witnesses were entitled to credit, the servants of the defendants were not only violating the ordinance, of the city, but, in turning the curve into Canal-street at the speed described, were committing an act most likely to result in injuries to persons using the street. The conflicting evidence on this subject, as well as upon several other questions, made the fact whether the injury was…
2Cases cited2 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
3Cited by15 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- McRickard v. . FlintNew York Court of Appeals · 1889
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
- Gottlieb v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
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