Stern v. Metropolitan Street Railway Co.

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