Majority
p. 841James Dorman, as Adm’r, Resp’t, v. The Broadway Railroad Company of Brooklyn, App’lt.[1] (Court of Appeals, Filed December 17, 1889.)
Headnote
Negligence.Plaintiff’s intestate and son, aged ten years, in attempting to cross the street in an oblique direction, when within about two feet of the heads of the horses of defendant’s car, stumbled and fell and was run over by the forward wheel of the car and killed. Held, that there was no evidence in the record that he came to his death from any fault or carelessness of defendant, but that his death was due to his accidental falling.
Appeal from judgment of city court of Brooklyn, general term, denying motion on part of defendant for new trial.
Thos. S. Moore, for app’lt; Chas. J. Patterson, for resp’t.
We do not find in this record any evidence that the plaintiff’s intestate came to his death from any fault or carelessness attributable to the defendant. His death was due solely to his accidental falling upon the defendant’s railway.
The judgment should, therefore, be reversed and a new trial granted, costs to abide the event.
All concur.