Margaret Kleiner, by Her Guardian Ad Litem, Charles Kleiner, Respondent v. the Third Avenue Railroad Company, Appellant

Summary

The New York Court of Appeals reversed the judgment and ordered a new trial, holding that evidence of the railroad's failure to sound a gong was admissible as part of the transaction history, that the jury charge linking belief in the plaintiff's version to recovery was improper, and that the plaintiff's special damages were not sufficiently pleaded. A dissent argued the complaint was sufficient and the judgment should be affirmed.