Jennings v. Delaney

• Decision Date: 10 February 1931
• Citation: 175 N.E. 342,255 N.Y. 626
• Parties: John JENNINGS, an Infant, by Michael Jennings, His Guardian ad Litem, Appellant, v. Albert DELANEY, Respondent.
• Court: New York Court of Appeals Court of Appeals

255 N.Y. 626

175 N.E. 342

John JENNINGS, an Infant, by Michael Jennings, His Guardian ad Litem, Appellant,

v.Albert DELANEY, Respondent.

Court of Appeals of New York.

Feb. 10, 1931.

Appeal from a judgment, entered June 16, 1930, upon an order of the Appellate Division of the Supreme Court in the First Judicial Department (229 App. Div. 439, 242 N. Y. S. 361) reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint, in an action to recover for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant. Plaintiff, a boy 12 years old, while riding on one of the bumpers in the rear of an automobile, received the injuries complained of as the result of a car belonging to the defendant running into the car on which he was riding. The Appellate Division directed a dismissal of the complaint upon the ground that the plaintiff was chargeable with contributory negligence.

Leonard F. Fish and Harry Zeitlan, both of New York City, for appellant.

Louis E. Schwartz, of Brooklyn, and James J. Dolling, of New York City, for respondent.

PER CURIAM.

Judgment affirmed, with costs, on the ground that, irrespective of the ordinance, the plaintiff as matter of law is chargeable with contributory negligence.

CARDOZO, C. J., and POUND, CRANE, LEHAMN, KELLOGG, and O'BRIEN, JJ., concur.

HUBBS, J., dissents.