Legal Opinion

Hogan v. Manhattan Railway Co.

The Superior Court of New York City

Decided December 29, 1893Published

Appeal from a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial.

1Opinion of the CourtGtildersleeve, J.

The action is brought to recover damages for personal injuries. On or about the 14th day of January, 1891, the plaintiff, while driving a coal cart on Third avenue, under the defendant’s railroad, between Seventy-Seventh and Seventy-Eight streets, in this city, was injured by an iron bar,'which fell from the defendant’s elevated railroad structure down upon the plaintiff. At the close of the plaintiff’s testimony, the defendant’s counsel moved to dismiss the complaint on the ground that the plaintiff had failed to show any negligence on the part of the defendant. The court denied the motion,…

2Cases cited7 opinions

  1. Mullen v. . St. JohnNew York Court of Appeals · 1874
  2. Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
  3. Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
  4. Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
  5. O'Neill v. . JamesNew York Court of Appeals · 1870

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