Legal Opinion

Adams v. . Bullock

New York Court of Appeals

Decided November 18, 1919PublishedCited by 24 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 15, 1919, affirming a judgment in favor of plaintiff entered upon a verdict. . The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not guilty of negligence. ■ The trial court erred in submitting the case to the jury. (Freeman v. B. H. R. R. Co., 54 App.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 15, 1919, affirming a judgment in favor of plaintiff entered upon a verdict. . The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not guilty of negligence. ■ The trial court erred in submitting the case to the jury. (Freeman v. B. H. R. R. Co., 54 App. Div. 596; Sheffield Co. v. Morton, 161 Ala. 153; Kempf v. S. & I. E. R. Co., 82 Wash. 263; Johnston N. O. T. H. El. Co., 17 L. R. A. [N. S.] 435; Mayfield W. & L. Co. v. Webb,…

1Opinion of the CourtCardozo, J.

The defendant runs a trolley line in the city of Dunkirk, employing the overhead wire system. At one point, the road is crossed by a bridge or culvert which carries the tracks of the Nickle Plate and Pennsylvania railroads. Pedestrians often use the bridge as a short cut between .streets, and children play on it. On April 21, 1916, the plaintiff, a boy of twelve years, came across the bridge, swinging a wire about eight feet long. In swinging it, he brought it in contact with the defendant’s trolley wire, which ran beneath the structure. The side of the bridge was protected by a parapet…

2Cases cited7 opinions

  1. Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
  2. Sheffield Co. v. MortonSupreme Court of Alabama · 1909
  3. Nelson v. Branford Lighting & Water Co.Supreme Court of Connecticut · 1903
  4. Wittleder v. Citizens' Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. Kempf v. Spokane & Inland Empire RailroadWashington Supreme Court · 1914

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Alabama Power Co. v. BerrySupreme Court of Alabama · 1950
  3. Hassett v. PalmerSupreme Court of Connecticut · 1940
  4. Van Leet v. KilmerNew York Court of Appeals · 1930
  5. Edwards v. Consolidated Rail Corp.District Court, District of Columbia · 1983

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