Wells v. Steinway Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendánt, the Steinway Railway Company of Long Island City, from a judgment of the Cjounty Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 24th day of September, 1896, upon the verdict of a jury, and also from an order bearing date the 18th day of September, 1896, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The defendant is a common carrier of -passengers, its route running along Borden avenue, and ending at the ferry at the foot of that street in Long Island City.
On November 30, 1895, the defendant was taking up its old rails from Borden avenue and replacing them with new ones. The old rails were placed in the gutter or on the sidewalk,, and there is conflicting testimony as to the manner in which the- rails were laid,, whether on their bottoms or edges, and whether some were laid on top of others, and whether they were laid in a continuous line", or whether occasional openings…
2Cited by2 opinions
- Flack v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Catterson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909