Legal Opinion
Burke v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 1955PublishedCited by 1 opinion
1Opinion of the CourtBotein, J.
Plaintiff, while walking across Melrose Avenue, in Bronx County, caught her foot in a hole underneath the rail of an unused trolley track, pitched forward and sustained serious injuries. There was testimony that the cobblestone roadway sagged a good six inches below the lip of the rail at the point where the accident occurred, and that this condition had existed for several months.
*679Until some years before the date of this accident the Third Avenue Railway Company, which defendant trustees have succeeded in interest, had operated a street surface railway over these tracks. Plaintiff sued the…
2Cases cited19 opinions
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Clifford v. . DamNew York Court of Appeals · 1880
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3Cited by1 opinion
- Burke v. City of New YorkNew York Court of Appeals · 1956