Legal Opinion
Zambardi v. South Brooklyn Railway Co.
New York Court of Appeals
Decided November 21, 1939PublishedCited by 19 opinions
1Opinion of the CourtLehman, J.
The infant plaintiff, a seven-year-old boy, was struck by a trolley car operated by the defendant railway company upon a private right of way, which it owns. He sustained very serious injuries. In this action to recover the consequent damages, judgment in his favor was entered, upon the verdict of a jury, in the sum of $20,000, and in favor of his father in the sum of $3,000. Upon appeal to the Appellate Division, the judgment was reversed on the law and the complaint dismissed.
At the point where the accident occurred the railroad track was not “ laid across or along streets or highways ” and…
2Cases cited9 opinions
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Byrne v. New York Central & Hudson River R. R.New York Court of Appeals · 1887
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Lamphear v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1909
- Gleason v. Central New England Railway Co.New York Court of Appeals · 1933
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Carpino v. BakerAppellate Division of the Supreme Court of the State of New York · 1979
- Willie C. Hooks v. New York Central Railroad CompanyCourt of Appeals for the Second Circuit · 1964
- Rasmussen v. PalmerCourt of Appeals for the Second Circuit · 1943
- Bowen v. National Railroad Passenger Corp.District Court, N.D. New York · 2005
- Merriman v. BakerNew York Court of Appeals · 1974
14 more not listed; retrieve them via the Exa API.