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Zlotovsky v. Twenty-Third Street Railway Co.

59 N.Y. St. Rep. 581 Court N.Y. Super. Ct. Decision date 1894-05-07 English

Contents

Majority

p. 581
Henry Zlotovsky, by Guardian ad litem, etc., App’lts, v. Twenty-third Street Railway Company, Resp’t.
(New York Superior Court, General Term,
Filed May 7, 1894.)

Headnote

Negligence—Contributory—Child.
Where a child sui juris is guilty of negligence which contributed to his injury, his complaint in an action to recover therefor is properly dismissed.
Appeal from a judgment entered on the dismissal of the complaint, and from an order denying a motion for a new trial.
M Alimayer, for app’lt; Robinson, Biddle & Ward, for resp’t.

The action was brought to recover damages for injuries received in being run down by one of defendant’s cars. At the time of the injury the plaintiff was about fourteen years and ten months of age, and a messenger boy in the employ of the American District Telegraph Company. He was clearly sui juris. His complaint was dismissed at the trial because it appeared affirmatively that he had been guilty of negligence which contributed to the injury. The learned trial judge, on making this ruling, stated his reasons at length for holding as he did, and they were justified by the state of the evidence. It is not necessary to restate them here. The complaint was therefore properly dismissed. The judgment and order should be affirmed, costs.