Roberton v. Mayor of New York
New York Court of Common Pleas
Appeal from trial term. Action by John Roberton, as administrator, against the mayor, etc., of the city of 27ew York, and the 27ew York Central & Hudson River Railroad Company to recover for the death of plaintiff’s intestate, alleged to have been caused by the negligence of defendants. From a judgment entered on an order dismissing the complaint on the opening, and from an order denying a motion for a new trial,, plaintiff appeals. Affirmed.
1Opinion of the CourtPryor, J.
The action proceeds upon the hypothesis that the-death of the intestate was the effect of the concurrent negligence of the defendants,—of the defendant municipality, in that it invited the intestate upon premises which it wrongfully kept in an unsafe condition; and of the defendant company, in that it omitted to maintain a fence to prevent access to its track. The failure to guard the approach to its track being the only negligence imputed to the defendant company, the question is, was the company, on the facts-of the case, under a legal duty to the intestate to protect her from falling from…
2Cases cited19 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Beck v. . CarterNew York Court of Appeals · 1877
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Kley v. . HealyNew York Court of Appeals · 1891
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3Cited by5 opinions
- Klarquist v. Chamberlain & ProctorCalifornia Court of Appeal · 1932
- Albert v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Storey v. MayorAppellate Division of the Supreme Court of the State of New York · 1898
- Petur v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Purcell v. LauerAppellate Division of the Supreme Court of the State of New York · 1897