Morrissey v. Westchester Electric Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Westchester Electric Railway Company, from a .judgment of the Supreme Court in favor' of the plaintiff, entered in the office of the cleric of the county of Westchester on the 21st day of October, 1896, upon the verdict of a jury, and also from an order bearing date the 31st day of October, 1896, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. . The action was based upon the defendant’s…
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Appeal by the defendant, The Westchester Electric Railway Company, from a .judgment of the Supreme Court in favor' of the plaintiff, entered in the office of the cleric of the county of Westchester on the 21st day of October, 1896, upon the verdict of a jury, and also from an order bearing date the 31st day of October, 1896, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. . The action was based upon the defendant’s alleged negligence. The following diagram shows the position of the defendant’s tracks .on which the accident occurred:
1Opinion of the Court
Bradley, J.:
The alleged cause of the plaintiff’s action is that he sustained a personal injury occasioned hy the negligence. of ■ the defendant. The plaintiff was foreman of a gang of men engaged in .opening a drain between the two tracks of the defendant’s trolley railroad-in the .city of Mount Yernon. The course of the defendant’s road was east and west.. The space between the two tracks was four feet and *69seven inches, the width of each track about four feet, and between the north track and the retaining wall of the Hew York, Hew Haven and Hartford railroad at that locality was six feet and…
2Cases cited2 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
3Cited by8 opinions
- Morrissey v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Morrissey v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Thomson v. SeamanAppellate Division of the Supreme Court of the State of New York · 1901
- Woarms v. BeckerAppellate Division of the Supreme Court of the State of New York · 1903
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