Lewis v. City of New York

Where the municipality opens a street line, like Tompkins avenue, to lay a sewer, and removes the car tracks to excavate during the work, the street railroad company which had previously maintained the pavement under section 178 of the Railroad Law,* is not liable for the condition of the pavement while the city carries on the work. (Swift v. Brooklyn Heights R. R. Co., 134 App. Div. 134.) Here, however, the railroad company had relaid its tracks, and it did not appear that at this place the city was continuing its filling or grading. The requirement of prior notice of the existence of a…