Wagner v. Brooklyn Heights Railroad

Jenks, J. :

The appellant contends, first, that the evidence failed to establish a cause of action, and, second, that the plaintiff perforce of a pass lost any right of action.

First. The plaintiff was a lineman of the police department of the city of New York, of thirteen years’ experience in service of the city of Brooklyn and of its said successor. At the time of the accident his duty called him to repair a broken police telegraph wire. This wire was" carried on the elevated railroad structure of the defendant, which charged rent to the city for such privilege. While at his work underneath…