Wooley v. . Grand Street Newtown R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the city court of Brooklyn, entered upon an order made September 20, 1879, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently set forth in the opinion. The defendant is not answerable in damages to the plaintiff for maintaining the switch in question ; it was the reasonable exercise of a legal right.
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Appeal from judgment of the General Term of the city court of Brooklyn, entered upon an order made September 20, 1879, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently set forth in the opinion. The defendant is not answerable in damages to the plaintiff for maintaining the switch in question ; it was the reasonable exercise of a legal right. (Mazetti v. N. Y. & Harlem R. R., 3 E. D. Smith, 98 ; Lowery v. Brooklyn City & Newtown R. R., 76 N. Y. 28 ; Lockwood v. North Missouri R. R., 34 Mo. 259.) It was error to admit…
1Opinion of the Court
Folger, Ch. J.
This is an action- brought to recover damages for Injury to the person of the plaintiff and to his property. The injury was caused by the upsetting of the vehicle of the plaintiff in which he was going with his goods ; and it was upset by striking against a switch of the defendant laid down in its track in the public street in the city of Brooklyn, and rising above the level of the abutting street pavement. The issues made by the pleadings are that the injury came to the plaintiff from his negligence contributing thereto, and that the defendants were guilty of negligence in…
2Cases cited1 opinion
- Lowery v. . Brooklyn City and Newt. R.R. Co.New York Court of Appeals · 1879
3Cited by20 opinions
- People v. . McQuadeNew York Court of Appeals · 1888
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
- Bemis v. TempleMassachusetts Supreme Judicial Court · 1894
- City of Shelbyville v. GloverCourt of Appeals for the Sixth Circuit · 1910
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