Schmidt v. Steinway & Hunter's Point Railroad
New York Supreme Court
Appeal by the plaintiff from a judgment dismissing tlie plaintiff’s complaint, entered in the office of the clerk of the county of Kings on the 12th day of November, 1889. The action was brought to recover damages occasioned to the plaintiff by the. alleged negligence of the defendant, consisting in the alleged reckless driving of a horse car against a pipe in full sight of the driver, which fell into an excavation and seriously injured the plaintiff.
1Opinion of the Court
Barnard, P. J.:
The case, as proven, was one for the jury. The complaint avers that the defendant’s driver drove one of its cars carelessly against a pipe, which fell into an excavation in which the plaintiff was working.
The pipe fell on him and seriously injured him. The evidence shows that a sewer was being excavated along side of the defendant’s track for about 200 feet, and then turned across the track of the railroad company. On the 1st of June, 1888, at evening, the sewer workmen were guarding the track for the night. This was done by placing sewer pipes on end and placing plank on the…
2Cases cited2 opinions
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Clements v. GerowNew York Supreme Court · 1859