Bortz v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Dry Dock, East Broadway and Battery Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of May, 1902, upon the verdict of a jury for $1,000, and also from, an order entered in said clerk’s office on the 28th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The infant plaintiff, two and a half years of age, was injured by being run over by a horse car of the defendant, while such infant was being conducted by his sister, a child thirteen or fourteen years old, across Essex street, between Broome and Grand streets, in the city of New York. The children were crossing at about fifty feet south of Broome street. The car had stopped at Broome street, but there was evidence to show that when the children started from the sidewalk it was in motion. The sister looked before she left the sidewalk and the car was then distant somewhere…
2Cases cited2 opinions
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
3Cited by1 opinion
- Trauber v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903