Legal Opinion

Boyce v. Manhattan Railway Co.

The Superior Court of New York City

Decided March 14, 1887Published

Appeal by the defendant from an order denying defendant’s motion for a new trial on the minutes; and from the judgment. Action for personal injuries caused by negligence of the defendant.

1Opinion of the Court

By the Court.—Dugeo J.

The main points raised by the appellant are the following :

1st. That the trial judge erred in refusing to charge *288“ that the South Ferry station as to its form and shape, was such as the legislature had authorized the defendant to use.”

2d. That he erred in refusing to charge “ that as to the rolling stock of the company at the time of the accident, inasmuch as it was such as the legislature had authorized the defendant to use as a railway—that as to that, there is no proof of negligence against the defendant.”

3d. That he erred in refusing to charge as follows: “ The South…

2Cases cited2 opinions

  1. Levin v. . RussellNew York Court of Appeals · 1870
  2. In the Matter of Crosby v. . DayNew York Court of Appeals · 1880

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