Robert Y. Wendell, Administrators v. . the New York Central and Hudson River Railroad Company

Summary

The New York Court of Appeals reversed the judgment, holding that the trial court erred in refusing to grant a nonsuit because the evidence showed the child was negligent, and ordered a new trial. The court affirmed that a plaintiff must prove the deceased infant's lack of negligence, and if the facts point to the child's fault, the case must be nonsuited.