Morsemann v. Manhattan Railway Co.
New York Court of Common Pleas
Appeal from trial term. An action by David Morsemann against the Manhattan Bail way Company for personal injuries caused by the alleged negligence of defendant. There was a verdict for plaintiff for $500. From the judgment entered thereon defendant appeals.
1Opinion of the CourtLarremore, C. J.
The plaintiff, while driving under defendant’s elevated railway structure in Third avenue on the 14th day of November, 1888, was injured by a crow-bar falling from such structure, which was in use by an employe making repairs to the track. The facts of the injury and its cause are undisputed, and no contributory negligence is alleged. The trial judge correctly held that a prima facie case of negligence was made out, (see Maher v. Railway Co., 6 N. Y. Supp. 309,) and properly ruled that the fact that the crow-bar .was dropped through the employe’s effort to save himself from falling did not…
2Cases cited4 opinions
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Cumming v. . Brooklyn City Railroad CompanyNew York Court of Appeals · 1887
- Buck v. Manhattan Ry. Co.New York Court of Common Pleas · 1889
- Maher v. Manhattan Railway Co.New York Supreme Court · 1889
3Cited by2 opinions
- City of Bedford v. WoodyIndiana Court of Appeals · 1899
- Towns v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1889