Lewis v. Binghamton Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Broome county. Action by. Charles H. Lewis against the Binghamton Railroad Company. From a judgment for plaintiff, defendant appeals. The plaintiff was employed by a contractor at work in paving a street for the city of Binghamton. On either side of each rail of the defendant’s railway which ran through that street, for a foot or so, it was paved with stones, and the cracks between the stones were filled with hot tar or asphalt.
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Appeal from trial term, Broome county. Action by. Charles H. Lewis against the Binghamton Railroad Company. From a judgment for plaintiff, defendant appeals. The plaintiff was employed by a contractor at work in paving a street for the city of Binghamton. On either side of each rail of the defendant’s railway which ran through that street, for a foot or so, it was paved with stones, and the cracks between the stones were filled with hot tar or asphalt. This tar was taken in a bucket, from a vat which was kept hot near by, and carried by an employé and poured into the cracks after they had…
1Opinion of the CourtParker, P. J.
On the question whether the bell was rung as the car approached the plaintiff, the evidence is conflicting. Perhaps defendant’s witnesses are the more positive, yet plaintiff’s witnesses were in a position to have heard if it had rung. One of them is positive that it did not ring, and there is sufficient evidence to sustain the jury’s conclusion that it did not ring. It is not, in my judgment,, a case where we can set aside that conclusion. We must assume,, therefore, that the bell was not rung, and for this reason negligence has been established against the defendant.
The men at work on the…
2Cases cited2 opinions
- Smith v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
- Noonan v. New York Central & Hudson River RailroadNew York Supreme Court · 1891
3Cited by3 opinions
- Dinan v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1916
- Driscoll v. California Street Cable RailroadCalifornia Court of Appeal · 1926
- Isgro v. Plankinton Packing Co.Wisconsin Supreme Court · 1922