Casper v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Sigmund R. Casper against the Dry Dock, East Broadway & Battery Railroad Company. From a judgment entered on the dismissal of the complaint on- a trial before a jury, plaintiff appeals. Affirmed.
1Opinion of the CourtIngraham, J.
Upon the former appeal in this action (48 N. Y. Supp. 352) we held: That the obligation of the defendant in relation to this track upon which it is claimed that the plaintiff was injured was twofold: First, properly to construct it; and, second, after it was so constructed, to maintain it in a safe condition. That, as there was no evidence to show that the track was not properly constructed, or that the plaintiff sustained any injury in consequence of improper construction, the only question was whether the evidence, taken as a whole, was sufficient to sustain a finding that the defendant was…
2Cases cited8 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Pollock v. . PollockNew York Court of Appeals · 1877
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Worster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
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3Cited by1 opinion
- Baker v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904