New York Court of Appeals December 15, 1864 (Honegsberger v. Second-Avenue Railroad)

By the Court.

Hogeboom, J.

The charge of the judge, as construed in the light of the evidence, must be considered as applied to a child of some six or seven years of age. That was the age stated in the plaintiff’s complaint and not denied in the answer, and assumed in the defendants! request to charge the jury and not then controverted.