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Stern v. Metropolitan Street Railway Co.

Supreme Court, Appellate Term
Jun 1, 1901
35 Misc. 811 (N.Y. App. Term 1901)

Opinion

June, 1901.

H.A. Robinson (G. Glenn Worden, of counsel), for appellant.

S.N. Tuckman, for respondent.


The evidence for the plaintiff shows a lad six years old, and near the middle of the block he attempted to cross the rails, when the defendant's horse car was approaching from a point four or five houses distant. The boy was struck by one of the horses and injured. The case was submitted to the jury on this proof, a motion to dismiss the complaint having been denied. Conceding the driver negligent, the child was equally so, and the motion to dismiss should have been granted.

Present: SCOTT, P.J., BEACH and FITZGERALD, JJ.

Judgment reversed and new trial ordered, with costs to abide event.


Summaries of

Stern v. Metropolitan Street Railway Co.

Supreme Court, Appellate Term
Jun 1, 1901
35 Misc. 811 (N.Y. App. Term 1901)
Case details for

Stern v. Metropolitan Street Railway Co.

Case Details

Full title:ISAAC STERN, an Infant, by Guardian, etc., Respondent, v . THE…

Court:Supreme Court, Appellate Term

Date published: Jun 1, 1901

Citations

35 Misc. 811 (N.Y. App. Term 1901)