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Barry v. Second Avenue R. R.

41 N.Y. St. Rep. 346 Court N.Y.C.P. Decision date 1891-12-07 English

Delivered by Pryor, J.

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Majority

p. 346
James Barry, Resp’t, v. The Second Avenue R. R. Co., App’lt.
(New York Common Pleas, General Term,
Filed December 7, 1891.)

Headnote

Appeal from judgment in favor of plaintiff and from order denying motion for a new trial on the minutes.
John J. Linson, for resp’t; Payson Merrill, for app’lt.

The action is by the father of the infant John Henry Barry, to recover damages accruing to him from injuries to the-son sustained by the accident which is the subject of discussion in Barry v. Second Avenue R. R. Company, herewith decided. The evidence in the two cases is, in substance, identical. The appeal is from a judgment on a verdict; but as the judgment is challenged only for insufficient proof of defendant’s negligence and plaintiff's non-negligence, and as those points are ruled against the appellant in the other case, it results that the judgment must be affirmed.

Judgment affirmed, with costs.

Daly, Ch. J., and Bischoff, J., concur.