Levine v. New York Railways Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Railways Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of February, 1917, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Dowling, J. (dissenting):
I believe that the trial court properly submitted to the jury the question of whether, at the point in question, the conditions maintained by defendant in the operation of its cars were such as to constitute a nuisance. The fact, that the use of these “ hobble cars ” has reduced the number of accidents in the city in general does not justify their operation on tracks laid so closely together that death is bound to *494ensue to any one caught between two such cars going in opposite directions. The varying distance between defendant’s tracks in different parts of the city…
2Cases cited4 opinions
- Stern v. International Railway Co.New York Court of Appeals · 1917
- People Ex Rel. City of New York v. New York Railways Co.New York Court of Appeals · 1916
- Brown v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Brown v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1902