Kelly v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Albany county. Action by Bernard Kelly against the New York Central & Hudson River Railroad Company, to recover for injuries sustained by the negligence of defendant in not keeping in proper repair a bridge across its tracks at West Albany. Plaintiff was nonsuited, and exceptions ordered heard in first instance at general term.
1Opinion of the CourtLearned, P. J.
The bridge on which the plaintiff met this accident was built by the defendant. The defendant had been authorized to construct and maintain, and, although not an insurer, the defendant was bound to reasonable diligence in keeping it in good order. In this case the defendant, to repair a hole in the wooden pathway of the bridge, had put down a plank some three feet long and one inch and a half or two inches thick. The edges of this plank were not beveled. The plaintiff, in walking across the bridge, stubbed his toe against the edge of this plank, fell, and was injured. How, *91we think that this…
2Cases cited1 opinion
- Bullock v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1885
3Cited by3 opinions
- Freeman v. Glens Falls Paper-Mill Co.New York Supreme Court · 1891
- Chicago & N. W. Ry. Co. v. PrescottCourt of Appeals for the Eighth Circuit · 1893
- Wetherbee v. Michigan Central RailroadMichigan Supreme Court · 1899