Thompson v. Buffalo Ry. Co.
| Court | New York Court of Appeals |
| Writing for the Court | HAIGHT |
| Citation | 145 N.Y. 196,39 N.E. 709 |
| Parties | THOMPSON v. BUFFALO RY. CO. |
| Decision Date | 26 February 1895 |
145 N.Y. 196
39 N.E. 709
THOMPSON
v.
BUFFALO RY. CO.
Court of Appeals of New York.
Feb. 26, 1895.
Appeal from superior court of Buffalo, general term.
Action by Margaret E. Thompson, as administratrix of the estate of Alcy Thompson, deceased, against the Buffalo Railway Company. From a judgment of the general term (31 N. Y. Supp. 1134) overruling exceptions taken on the trial, ordered to be heard in the general term in the first instance, and directing judgment for plaintiff upon the verdict, defendant appeals. Reversed.
O'Brien, J., dissenting.
[145 N.Y. 197]Porter Norton, for appellant.
George W. Cothran, for respondent.
[145 N.Y. 198]HAIGHT, J.
This action was brought to recover damages for the alleged negligent killing of plaintiff's intestate. Alcy, the deceased, was a daughter of the plaintiff, 14 years of age, large for her years, and had been to school for two years. The defendant was engaged in operating an electric doubletrack street railway in Broadway, in the city of Buffalo. On the 26th day of May, 1893,
[39 N.E. 710]
between 8 and 9 o'clock in the evening, Alcy, with six other girls, was engaged in playing ‘I spy’ on Broadway, nearly in front of her residence, between Warner and Rother avenues. Alcy was on the northerly side of Broadway, and started to run across to the southerly side. As she approached the northerly track of the defendant's road, a car from the east (going west) passed. She stopped until the car was by, and then started to run across the street in the rear of the car; and as she reached the southern track, she was struck by one of defendant's cars going east on that track, and killed. Upon the trial, evidence was given on behalf of the plaintiff tending to show that the defendant's car upon the southerly track was proceeding at a higher rate of speed that was sanctioned by the ordinances of the city, and that no gong was sounded, announcing its approach. [145 N.Y. 199]The only question which we are called upon to consider relates to the contributory negligence of the deceased. This question is presented by motions for nonsuit, for a direction of a verdict, and by a request that the court charge the jury ‘that if the girl passed immediately behind the west-bound car, without stopping to look in both directions to ascertain if a car was approaching, that the plaintiff cannot recover,’ all of which were refused, and exceptions taken.
Although a minor, no claim is made that Alcy was not sui juris. While she may not have...
To continue reading
Request your trial
-
Bremer v. St. Paul City Ry. Co., Nos. 15,810-(118).
...was passing in ordinary transit, the situation was correspondingly different from that in the instant case. See Thompson v. Buffalo, 145 N. Y. 196, 39 N. E. 709, in which a child of fourteen, attempting to cross a street in the middle of a block, ran behind a passing car without looking to ......
-
Bremer v. St. Paul City Ry. Co.
...was passing in ordinary transit, the situation was correspondingly different from that in the instant case. See Thompson v. B. R. Co., 145 N. Y. 196, 39 N. E. 709, in which a child of 14, attempting to cross a street in the middle of a block, ran behind a passing car without looking to see ......
-
Indianapolis Traction And Terminal Company v. Croly, 7,363
...shows that the plaintiff failed to use due care in view of her [54 Ind.App. 576] age and experience. Thompson v. Buffalo R. Co. (1895), 145 N.Y. 196, 39 N.E. 709; Shirk v. Wabash R. Co. (1895), 14 Ind.App. 126, 42 N.E. 656; Ryan v. La Crosse City R. Co. (1900), 108 Wis. 122, 83 N.W. 770; Co......
-
Schoonoveir v. Baltimore & O. R. Co
...Co., 126 N. Y. 625, 26 N. E. 967; Tucker v. Railroad Co., 124 N. Y. 308, 26 N. E. 916, 21 Am. St. Rep. 670; Thompson v. Railway Co., 145 N. Y. 196, 39 N. E. 709; Railroad Co. v. Todd, 54 Kan. 551, 38 Pac. 804; Railway Co. v. Eininger, 114 Ill. 79, 29 N. E. 196; Masser v. Railroad Co., 68 Io......
-
Bremer v. St. Paul City Ry. Co., Nos. 15,810-(118).
...was passing in ordinary transit, the situation was correspondingly different from that in the instant case. See Thompson v. Buffalo, 145 N. Y. 196, 39 N. E. 709, in which a child of fourteen, attempting to cross a street in the middle of a block, ran behind a passing car without looking to ......
-
Bremer v. St. Paul City Ry. Co.
...was passing in ordinary transit, the situation was correspondingly different from that in the instant case. See Thompson v. B. R. Co., 145 N. Y. 196, 39 N. E. 709, in which a child of 14, attempting to cross a street in the middle of a block, ran behind a passing car without looking to see ......
-
Indianapolis Traction And Terminal Company v. Croly, 7,363
...shows that the plaintiff failed to use due care in view of her [54 Ind.App. 576] age and experience. Thompson v. Buffalo R. Co. (1895), 145 N.Y. 196, 39 N.E. 709; Shirk v. Wabash R. Co. (1895), 14 Ind.App. 126, 42 N.E. 656; Ryan v. La Crosse City R. Co. (1900), 108 Wis. 122, 83 N.W. 770; Co......
-
Schoonoveir v. Baltimore & O. R. Co
...Co., 126 N. Y. 625, 26 N. E. 967; Tucker v. Railroad Co., 124 N. Y. 308, 26 N. E. 916, 21 Am. St. Rep. 670; Thompson v. Railway Co., 145 N. Y. 196, 39 N. E. 709; Railroad Co. v. Todd, 54 Kan. 551, 38 Pac. 804; Railway Co. v. Eininger, 114 Ill. 79, 29 N. E. 196; Masser v. Railroad Co., 68 Io......