Bruce 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 Queens on the 1st day of May, 1900, upon the verdict of a jury for $5,000* and also from an order entered in said clerk’s office on the 1st day of May, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
This action was brought to recover damages for personal injuries resulting in the death of plaintiff’s intestate, through the alleged negligence of the defendant.
We apprehend that it is not the law of this State that a street surface railway must be built upon a straight line, after the manner said to have been directed by the Czar of Russia in the construction of a transcontinental railroad, or that, in the practical operation of the cars, they shall be so handled as never to sway or vibrate. We shall assume that such corporations may construct their lines upon approved…
2Cases cited2 opinions
- Chisholm v. . StateNew York Court of Appeals · 1894
- Brainard v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Vogler v. Central Crosstown RailroadAppellate Division of the Supreme Court of the State of New York · 1903