Chace Trucking Co. v. Richmond Light & Railroad
New York Court of Appeals
Appeal from a judgment, entered July 14, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered July 14, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The testimony adduced in behalf of plaintiff made out a prima facie case, and the questions of the negligence of defendant and the freedom from contributory negligence of plaintiff were properly submitted to the jury. (American R. T. Co. v. Hess, 125 N. Y.…
1Opinion of the CourtAndrews, J.
Bay street, Stapleton, is a street thirty-five to forty-five feet wide running north and south and is paved with asphalt. Through it the defendant has a double-track electric road. Power is conveyed to the cars through two overhead trolley wires, which although loaded with a dangerous current are necessarily exposed, which are fifteen feet from the pavement and each of which is twenty or twenty-two feet from the nearest curb.
On February 23, 1909, the plaintiff was moving by truck a heavy pile driver the top of which reached sixteen feet or more from the pavement. Drawing this truck were…
2Cases cited8 opinions
- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
- Matter of Petition of DeeringNew York Court of Appeals · 1883
- Williams v. Citizens' Railway Co.Indiana Supreme Court · 1891
- Middlesex Railroad v. WakefieldMassachusetts Supreme Judicial Court · 1869
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3Cited by13 opinions
- Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
- New York City Tunnel Authority v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1946
- First Nat. Bank of Boston v. Maine Turnpike Auth.Supreme Judicial Court of Maine · 1957
- Christensen v. James S. Hannon, Inc.New York Court of Appeals · 1920
- Walpole v. Tennessee Light & Power Co.Court of Appeals of Tennessee · 1935
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