Wynn v. Central Park, North & East River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Central Park, North and East River Railroad Company, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 21st day of November, 1895, upon the verdict of the jury entered after a trial at a Trial Term of said court, and also from an order entered in said clerk’s office on the 3d day of December, 1895, denying the defendant’s motion for a…
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Appeal by the defendant, the Central Park, North and East River Railroad Company, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 21st day of November, 1895, upon the verdict of the jury entered after a trial at a Trial Term of said court, and also from an order entered in said clerk’s office on the 3d day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for injuries to the plaintiff alleged to…
1Opinion of the CourtPatterson, J.
The immediate cause of the accident which resulted in the injuries sustained by the plaintiff was the breaking of a link in the chain connected with and forming part of the braking apparatus attached to the car. The negligence imputed to the defendant was not only in the alleged improper conduct of the driver in driving at a dangerous rate of speed, but also in allowing the car to be used with a braking equipment out of order or imperfect. Testimony was given relating both to the construction of the chain and as to an inspection of the running gear of which it was part. It was shown that it…
2Cases cited1 opinion
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
3Cited by1 opinion
- Storr v. Central Bedding Co.New York Supreme Court · 1907