Saverio-Cella v. Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Union Elevated Railroad. Company, 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 28th day of June, 1900, upon the verdict of a' jury for $1,500, and also from an order entered in said clerk’s office on the 14th day of July, 1900, denying the defendant’s motion for a. new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The defendant in its work of railroad construction placed its windlass on the sidewalk of a city street in front of the house of the plaintiff, in a populous quarter where children were accustomed to play in the street. The windlass was about four feet high and three feet wide, working with a drum and with a small and a large cogwheel. The defendant left it about ten o’clock on Sunday morning, so tied that the drum and cogwheels could not be turned unless the tiers were removed. On .Monday evening lads of that neighborhood cut the rope or cord tiers, procured and wound a child’s…
2Cases cited5 opinions
- Beetz v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
- Jex v. . StrausNew York Court of Appeals · 1890
- Kolsti v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Ramsey v. National Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Crawford v. Wilson & Baillie Manufacturing Co.New York City Court · 1894
3Cited by4 opinions
- Trapp v. McClellanAppellate Division of the Supreme Court of the State of New York · 1902
- Solomon v. Red River Lumber Co.California Court of Appeal · 1922
- Thompson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- Travell v. BannermanAppellate Division of the Supreme Court of the State of New York · 1902