Byrne v. Brooklyn City & Newtown Railroad
New York City Court
Appeal from judgment in favor of plaintiff, entered upon a verdict, and from order denying motion for a new trial. Action to recover damages for the death of plaintiff’s intestate, alleged to have been caused by his being thrown from the front platform of one of defendant’s horse cars by a jolt caused by a defect in the track at a curve, and under the front wheeh
1Opinion of the Court
Clement, Ch. J.
We are of opinion that no error was committed by the learned trial judge in the admission of the *261testimony of Mr. Byrne as to the condition of the low spot in the outer rail on June 28, 1892. Mr. Stewart testified that the track was in the same condition as on April 25, 1892, the date of the accident. Though he never measured the depression of the rail, yet his testimony is to be construed to mean that the rails were in substantially the same condition on the two days, and that no repairs had been made between the two dates, and none up to the day of trial. Mr. Byrne stated…
Also in this document: Concurrence.
2Cases cited5 opinions
- Schwier v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Wooley v. . Grand Street Newtown R.R. Co.New York Court of Appeals · 1880
- Schild v. Central Park, North & East River RailroadNew York Court of Appeals · 1892
- Gray v. Rochester City & Brighton RailroadNew York Supreme Court · 1891
- Crary v. CraryNew York City Court · 1892
3Cited by4 opinions
- Kenyon v. KenyonNew York Supreme Court · 1895
- Schmidt v. Coney Island & B. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Schmidt v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Newman v. ClappNew York Supreme Court · 1897