Rigney v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, James J. Rigney and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 30th day of December, 1912, upon the decision of the court dismissing the complaint after a trial before the court without a jury.
1Opinion of the Court
Kellogg, J.:
In the city of Bensselaer the defendant’s railroad intersects Columbia street, passing under abridge erected and maintained by the defendant as a continuation of the street. There was a clearance between the bridge and the rails in the tracks of about sixteen and one-sixth feet. The bridge and its approaches did not interfere materially with the plaintiffs’ premises, or the easy access thereto, and had been maintained in substantially the same condition for about thirty-eight years.
The bridge became unsafe for use in connection with the public street, and the city authorities…
2Cases cited4 opinions
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
- Bernhard v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1908
- Bernhard v. . City of RochesterNew York Court of Appeals · 1909
- Wright v. Glen Telephone Co.New York Supreme Court · 1905
3Cited by1 opinion
- Parisian Live Dyers & Cleaners v. SpringfieldCourt of Appeals of Texas · 1925