Walters v. Syracuse Rapid Transit Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the • Supreme Court in the fourth judicial department, entered May 19, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The case should have been submitted to the jury, and it was error for the court to grant a nonsuit. (McDonald v. M. Ry.
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Appeal from a judgment of the Appellate Division of the • Supreme Court in the fourth judicial department, entered May 19, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The case should have been submitted to the jury, and it was error for the court to grant a nonsuit. (McDonald v. M. Ry. Co., 167 N. Y. 66.) The plaintiff failed to show that any negligence of the defendant caused the injuries complained of, and the trial court…
1Opinion of the CourtO’Briex, J.
The plaintiff sought to recover damages for a personal injury that he claimed to have sustained in con. sequence of the falling upon him of a guy or stay wire, being a part of the defendant’s overhead trolley system for operating its railroad. One end of the wire, which was about 120 feet long, was attached to the top of a pole, and the other end was attached to the main trolley wire. There is no dispute about the fact that this wire broke near the point where it was connected with the trolley and at least 100 feet of it fell into the street below, a distance of about 22 feet. The plaintiff…
2Cases cited4 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Place v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
3Cited by9 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Dixon v. New York Trap Rock Corp.New York Court of Appeals · 1944
- Shea v. United States Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 1922
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Czermak v. WetzelNew York Supreme Court · 1907
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