Lambert v. Westchester Electric Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 12, 1906, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The pole was not a nuisance or a wrongful obstruction of the driveway.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 12, 1906, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The pole was not a nuisance or a wrongful obstruction of the driveway. (People v. M. T. Co., 31 Hun, 596; City of Rochester v. B. T. Co., 52 App. Div. 6; Ward v. A. & P. T. Co., 71 N. Y. 81;…
1Opinion of the CourtHiscock, J.
This action was brought to recover damages for personal injuries sustained by the plaintiff through being struck by one of defendant’s trolley poles situate on the side of Fifth avenue in the city of Mount Vernon as he was getting into a fire patrol wagon in the line of his duty for the purpose of going to a fire.
The substantial facts are as follows:
Plaintiff was a member of the volunteer fire department of said city. At the northwest corner of Fifth avenue and Third street therein was located a large brick building containing three separate fire houses or apartments, each with a separate…
2Cited by13 opinions
- Stern v. International Railway Co.New York Court of Appeals · 1917
- Nelson v. Duquesne Light Co.Supreme Court of Pennsylvania · 1939
- Aubin v. Duluth Street Railway Co.Supreme Court of Minnesota · 1926
- Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
- Contey v. New Jersey Bell Telephone Co.Supreme Court of New Jersey · 1994
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