Legal Opinion
Keener v. Tilton
New York Court of Appeals
Decided July 24, 1940PublishedCited by 15 opinions
1Opinion of the CourtLoughran, J.
In alighting after dark from a trolley car of the defendant at a street crossing, plaintiff stepped into a hole in the pavement and fell. A judgment entered on a verdict for her damages has been reversed and the complaint dismissed.
The hole in the street was outside the defendant’s right of way. It was a rectangular depression eleven and three-quarters inches long and six inches wide. Lengthwise it formed a right angle with the track of the defendant and at its end nearer thereto was not more than two inches deep. There was uncontradicted evidence of its existence for at least one month…
2Cases cited2 opinions
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
- Schlessinger v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1906
3Cited by15 opinions
- Blye v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1987
- Miller v. FernanNew York Court of Appeals · 1988
- Wilson v. Jaybro Realty & Development Co.New York Court of Appeals · 1943
- District of Columbia v. WilliamsDistrict of Columbia Court of Appeals · 1946
- Schwartz v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1942
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