Maher v. Manhattan Railway Co.
New York Supreme Court
Appeal from circuit court, Hew York county. This is an appeal from a judgment of this court rendered at circuit upon- a verdict in favor of plaintiff and against the defendant for $1,390, for personal injuries caused by the defendant’s carelessness. On or about August 18, 1887, as the plaintiff was about entering the cellar of his residence. Ho. 746 Greenwich street, in the city of Hew York, he was struck on the head and foot by a bar of iron and was severely injured.
Read the full summary
Appeal from circuit court, Hew York county. This is an appeal from a judgment of this court rendered at circuit upon- a verdict in favor of plaintiff and against the defendant for $1,390, for personal injuries caused by the defendant’s carelessness. On or about August 18, 1887, as the plaintiff was about entering the cellar of his residence. Ho. 746 Greenwich street, in the city of Hew York, he was struck on the head and foot by a bar of iron and was severely injured. The railway tracks of the defendant company pass through Greenwich street, and in front of plaintiff’s residence, supported on…
1Opinion of the CourtBrady, J.
The defendant gave no evidence depending upon the assumed infirmity of the plaintiff’s case. The propositions argued now and urged on the motion to dismiss are: (1) The learned trial justice erred in denying defendant’s motion to dismiss the complaint upon the ground that the plaintiff had failed to show that the piece of iron in question fell from a train or-the structure of defendant’s railway, or was dropped by anyone in the defendant’s employ; and (2) the learned trial justice erred in denying defendant’s motion to dismiss the complaint upon the ground that the plaintiff had failed to…
2Cases cited3 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Seybolt v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
3Cited by2 opinions
- Morsemann v. Manhattan Railway Co.New York Court of Common Pleas · 1890
- Sturza v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1909