Casper v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sigmund R. Casper, from a judgment of the Supreme Court in favor of the defendant, entered in the office bf the cleric of- the county of New York on the 16th day of May, 1900, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Ingraham, J.:
Upon the former appeal in this action we held that the obligation of the defendant in relation to this track upon which it is claimed that the plaintiff was injured was twofold: First, properly to construct it; and, second, after it was so constructed, to maintain it in a safe condition; that as there was no evidence to show that the track was not properly constructed, or that the plaintiff sustained any injury in consequence of improper construction, the only question was whether the evidence, taken as a whole, was sufficient to sustain a finding that the defendant was negligent…
2Cases cited5 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Worster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Hudson v. . R., W. O.R.R. Co.New York Court of Appeals · 1895
3Cited by2 opinions
- Ludwig v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Baker v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904