Bengivenga v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of' the clerk of the county of Kings on the 10th day of Hay," 1899, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the llth day of Hay, 1899, denying the defendant’s motion for a new trial made •tipon the minutes.
1Opinion of the Court
Hatch, J.:
This is an action to recover damages based on the negligence of the defendant. The evidence established that the plaintiff was in the employ of the Brooklyn Asphalt Company, which company was engaged in repairing with asphalt Ninth avenue, on which the defendant maintained its road, from Ninth to Fifteenth street. The particular act which plaintiff was performing at the time of the injury was carrying hot asphalt upon p, shovel from the side of the track and placing it between the rails of the track. During the progress of the work the use of the tracks for the running of cars was…
2Cited by6 opinions
- Dipaolo v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- McDade v. International Railway Co.New York Court of Appeals · 1923
- Reilly v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Hennessy v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- Nolan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
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