Stern v. Metropolitan Street Railway Co.
This text of 35 Misc. 811 (Stern v. Metropolitan Street Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 ear 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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
35 Misc. 811, 72 N.Y.S. 1130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stern-v-metropolitan-street-railway-co-nyappterm-1901.