Dixon v. . Brooklyn City Newtown R.R. Co.
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the City Court of Brooklyn, entered upon an order made the fourth Monday of January, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. It was the defendant’s right to have its tracks kept clear from obstructions. That is an incident of its corporate franchise.
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Appeal from judgment of the G-eneral Term of the City Court of Brooklyn, entered upon an order made the fourth Monday of January, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. It was the defendant’s right to have its tracks kept clear from obstructions. That is an incident of its corporate franchise. (Commonwealth v. Temple, 14 Gray, 69.) The duty to remove obstructions primarily rested upon the city which lawfully might and did permit the defendant to clear its tracks from snow by the…
1Opinion of the CourtMiller, J.
This action was brought to recover damages for personal injuries sustained by the plaintiff on the 17th of January, 1881, alleged- to have been caused by the negligence of the defendant.
The plaintiff sought to enter a car upon defendant’s road by way of the rear platform, but finding it full, he passed along by the side of the car in order to reach the front platform and slipped on the snow and was thrown under the wheels of the car and seriously injured. The car was moving slowly at the time, and at the place where he slipped there was a ridge of snow which the evidence tended to show had…
2Cited by31 opinions
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Lumley v. Wabash R.Court of Appeals for the Sixth Circuit · 1896
- Louisville, New Albany & Chicago Railway Co. v. FaylorIndiana Supreme Court · 1890
- Gajanich v. GregoryCalifornia Court of Appeal · 1931
- Pray v. Omaha Street Railway Co.Nebraska Supreme Court · 1895
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