Bulger v. . the Albany Railway
Cases that cite this one
7 later published cases cite this decision.
- Ryan v. Milwaukee Northern Railway Co. (Wis. 1925)
- Hamilton v. Birmingham Ry. L. & P. Co. (Ala. 1917)
- South Chicago City Ry. Co. v. Kinnare (Ill. App. Ct. 1901)
- Calumet Electric Street Railway Co. v. Van Pelt (Ill. App. Ct. 1897)
- In re Park (New York Supreme Court 1885)
- Gallaher v. Crescent City Rail Road (La. 1885)
- Schwier ex rel. Schwier v. New York Central & Hudson River Railroad (New York Supreme Court 1878)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The child was killed while in the street unprotected, and the court nonsuited the plaintiff. I find nothing in the case to charge either the conductor or driver with negligence. Assuming that the child was off the sidewalk, and as far into the street as the west rail of the east track, there is nothing to show that there was any necessity at that point to stop the car, as the child was not then in a position of danger from the car. The evidence leads to the conclusion, and the only one warranted by the evidence is, that the fore part of the car passed the child safely, and the child must have then run or fell under. For this, under the circumstances, the defendants are not responsible.
The nonsuit was right, and judgment must be affirmed.
For affirmance, Earl, Ch. J., Lott, Grover, Foster and Smith, JJ.
For reversal, Hunt and Sutherland, JJ.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.