Swift v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights 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 Queens on the 13th day of February, 1909, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 10th day of February, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
The plaintiff was hurt on February 3rd in the early morning darkness by the wheel of his wagon going into a depression of the pavement in a street in Brooklyn within two feet of the outer rail of the defendant’s track, which was caused as follows: On January 16th the city excavated a trench in the street from the said rail to the curb to repair a water gate. It filled it up and relaid the pavement over it the same day. On January 30th it opened the trench again to do further repairs on the said water gate, and again filled it up and relaid the pavement, leaving it higher than the…
2Cases cited1 opinion
- McMahon v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
3Cited by2 opinions
- City of New York v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Lewis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917