Schiverea v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Brooklyn Heights Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 7th day of February, 1903, upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 19th day of February, 1903, denying the said defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The action was originally brought against three defendants, but the complaint was dismissed on the trial as to one of them, and the only questiono presented on the appeal relate to the liability of the other two, who are the appellants.
*342'The plaintiff has recovered a judgment against the two appellants for injuries sustained in a fall occasioned by tripping over a cord between an eighth and three-sixteenths of an inch in thickness which was securely fastened across the footway of a temporary wooden bridge. The bridge was constructed across an open trench at the corner of Third…
2Cases cited4 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Downey v. LowAppellate Division of the Supreme Court of the State of New York · 1897
- Murphy v. PerlsteinAppellate Division of the Supreme Court of the State of New York · 1902
- Johnston v. . Ph&338nix Bridge CompanyNew York Court of Appeals · 1901
3Cited by8 opinions
- Neddo v. StateNew York Court of Claims · 1948
- Smart v. WozniakAppellate Division of the Supreme Court of the State of New York · 1977
- Kuhn v. P. J. Carlin Construction Co.New York Supreme Court · 1935
- Keating v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Lubelsky v. SilvermanAppellate Terms of the Supreme Court of New York · 1905
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