Dobiecki v. . Sharp
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence, causing the death of Wladislaus Dobiecki, plaintiff’s testator.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence, causing the death of Wladislaus Dobiecki, plaintiff’s testator. The defendant was at the time of the accident operating the railroad of the Long Island Bailroad Company, which ran through Atlantic avenue, in the city of Brooklyn. Two kinds of trains were run upon the avenue, express or through trains, which made…
1Opinion of the CourtMiller, J.
The first question to be determined in considering this case is the alleged negligence of the defendant. The claim in this respect is that the cars were so constructed as to project over the edge of the platform from three to five inches, and that this was the cause of the testator’s death. That they did so project is not questioned, although there is some discrepancy in the testimony as to the extent of the projection. Assuming that they did extend beyond the platform to the smallest extent proven, and in this form may have caused the death of the deceased or injured persons upon the…
2Cases cited1 opinion
- Brassell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1881
3Cited by14 opinions
- Boyce v. . Manhattan Railway Co.New York Court of Appeals · 1890
- Lehigh Valley R. Co. v. DupontCourt of Appeals for the Second Circuit · 1904
- Missouri, Kansas & Texas Railway Co. v. ScarboroughCourt of Appeals of Texas · 1902
- Evansville Railways Co. v. MillerIndiana Court of Appeals · 1916
- San Antonio & Aransas Pass Railway Co. v. GonzalesCourt of Appeals of Texas · 1903
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