John Ihl v. the Forty-Second Street and Grand Street Ferry Railroad Company, Appellant

Summary

The Court of Appeals affirmed the lower court's judgment, holding that a plaintiff may recover more than nominal damages for the death of a child even without proof of specific pecuniary loss, that parental negligence in sending the child across the railroad track does not per se bar recovery, and that the defendant railroad is liable when the child's own negligence is absent regardless of any parental negligence. The Court also affirmed the jury instructions as proper and declined to order a new trial.