Jones v. Brooklyn Heights Railroad

Action to recover damages for negligently causing the death of plaintiff’s intestate, a child four years of age. Plaintiff had a verdict, and defendant appeals from the judgment entered thereon, and the order denying motion for a new trial. The learned counsel for the appellant contends that the motion to dismiss the complaint should have been granted on the grounds: First, that plaintiff failed to prove any negligence on the part of defendant’s servants; and, second, that plaintiff failed to prove freedom from contributory negligence on the part of the parents of the deceased child. On a previous appeal in this case (10 Mise. Rep. 543, 31 N. Y. Supp. 445 ), this 'court held, on substantially the same evidence on the part of the plaintiff, that neither of these points was well taken. A careful examination of the evidence adduced on hehalf of the defendant on this trial affords no ground for altering the former decision. The questions as to negligence of defendant and freedom from contributory negligence on the part of the child’s parents were properly left to the jury to decide, and the verdict is well sustained hy the evidence. Judgment and order denying motion for a new trial affirmed, with costs.