
    Gustav Heinz, as Administrator, etc., Resp’t, v. Brooklyn Heights Railroad Company, App’lt.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed December 2, 1895.)
    
    Damages—Question por jury.
    The amount of damages to be allowed for the death of a bright and healthy boy, seven years old. in an action for death by wrongful act, is a. question for the jury.
    Appeal from a judgment on a verdict in favor of plaintiff, and from an order denying a motion for a new trial.
    Morris & Whitehouse, for app’lt;
    M. L. Towns, for resp’t.
   PRATT, J.

Several witnesses testify that the car was going fourteen or fifteen miles an hour. There were also two persons, besides the motorman, standing upon the front platform. There was enough evidence to go to the jury upon the question of defendant’s negligence. The deceased boy was seven years of age, and the question whether he exercised such care as can he reasonably required from a lad of that age was peculiarly a question for the jury. The motion for nonsuit was properly denied. The charge of the court could not be objected to by defendant. The only question that remains is whether a verdict of $3,500, for the life of a bright and healthy boy, is excessive. That is peculiarly a question for the jury. We cannot say the verdict shows passion or prejudice.

Judgment affirmed, with costs.

All concur.  