Legal Opinion
Tod v. Interborough Rapid Transit Co.
City of New York Municipal Court
Decided February 23, 1927Published
1Opinion of the CourtP aneen, J.
The accepted rule of law is that the injuries complained of and for which damage is sought because of the negligence charged to another must flow directly from such negligence. It must be fixed that the proximate cause was the carelessness of the party sought to be charged. The test that governs is whether or no the consequences should have been foreseen of the action or the failure to act in the exercise of reasonable care.
In the case of Ehrgott v. Mayor (96 N. Y. 264) the court said: “ The best statement of the rule is that a wrongdoer is responsible for the natural and proximate…
2Cases cited5 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Garrison v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1912
- Perry v. . Rochester Lime Co.New York Court of Appeals · 1916
- Cooley v. Trustees of New York & Brooklyn BridgeAppellate Division of the Supreme Court of the State of New York · 1899
- Levin v. AbrahamsAppellate Terms of the Supreme Court of New York · 1916