Larson v. Cleveland Railway Co.

The defendant The Nickel Plate Bailroad Company contends that its failure, if any, to repair the bridge in question does not impose upon it a tort liability in favor of the plaintiff as a third person, but that its liability, if any, is limited to a breach of its contract with the city of Cleveland which alone is entitled to call upon it to respond in damages and then only when the city has sustained a loss in the payment of a judgment rendered as a result of the lack of repair of the bridge in question.

In many cases and under many circumstances a railroad company has been held liable to…