Schild v. Central Park, North & East River Railroad
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 at the December Term, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.
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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 at the December Term, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries to plaintiff from a fall by stumbling when crossing defendant’s track upon a crosswalk at the intersection of Front and Wall streets in the city of New York. The plaintiff, in crossing over the defendant’s track, at the intersection of Wall and Front streets in…
1Opinion of the CourtG-ray, J.
I think the instructions given by the trial judge were correct and fairly left it to the jury to pronounce, upon the evidence, what they believed to have been the obstruction *449to plaintiffs passage over the track. Their verdict must be taken as establishing, conclusively for us, that the plaintiff stumbled over the rail, and not because of the hole in the flagging. The question, therefore, becomes one which relates to the rights of the defendant, and to the duty resting upon it, with respect to the laying and maintenance of its rails upon the street surface. The evidence for the plaintiff and…
2Cited by9 opinions
- Culver v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1936
- Byrne v. Brooklyn City & Newtown RailroadNew York City Court · 1893
- Casper v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Citizens Railway & Light Co. v. ForepaughSupreme Court of Iowa · 1910
- Casper v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1900
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