New York Supreme Court March 5, 1860 (McGrath v. Hudson River Rail Road)

lead-opinion

Hogeboom, J.

In actions for damages arising from negligence the plaintiff must prove the defendant’s negligence, and the plaintiff’s freedom from any negligence contributing to the injury. In this case, the judge, without deciding the question of the defendant’s negligence, nonsuited the plaintiff on account of negligence on the part of the child.