Legal Opinion

City of Albany v. Watervliet Turnpike & Railroad

New York Supreme Court

Decided February 13, 1894PublishedCited by 3 opinions

Appeal from circuit court, Albany county. Action by the city of Albany against the Watervliet Turnpike & Railroad Company to recover damages for the alleged negligence of defendant in the construction and operation of its trolley for the propulsion of electric cars. From a judgment dismissing the complaint, plaintiff appeals. Affirmed.

1Opinion of the CourtMayham, P. J.

This action was prosecuted by the plaintiff to

recover damages alleged to have been sustained by the negligence of the defendant in the construction and operation of its trolley for the propulsion of its railroad cars, by reason of which the plain*849tiff’s horses were injured by electricity. The defendant owns and operates a surface street railroad through Broadway,' in the city of Albany. At the time of the alleged injury a violent storm of wind broke or detached telephone or telegraph wires which were elevated above the trolley wire of the defendant’s railway, and also the trolley wire of the…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
  2. Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
  3. Butler v. KentNew York Supreme Court · 1821
  4. Henry v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
  5. Lowery v. . Western Union Telegraph Co.New York Court of Appeals · 1875

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3Cited by3 opinions

  1. Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
  2. Hagerstown & Frederick Railway Co. v. State Ex Rel. WeaverCourt of Appeals of Maryland · 1921
  3. Clarke v. City & Suburban Telephone Ass'nOhio Superior Court, Cincinnati · 1907

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