Legal Opinion

Wells v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 7 opinions

Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 13th day of February, 1901, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 19th day of February, 1901, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Jenks, J.:

The place of the accident was a loop in the elevated railroad system of the defendant, where there were several tracks, signals, switches and a signal tower. For some weeks the Union Switch Company had been at work there for. the defendant putting up a signal tower, connecting switches and signals and interlocking tracks. The plaintiff’s intestate was a blacksmith who had been employed by the switch company in this work. There was a blacksmith’s forge at this place upon the surface of the defendant’s structure. The intestate had not been at work for about a week, but on the day of…

2Cases cited9 opinions

  1. Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
  2. Newson v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
  3. Sutton v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1876
  4. Goodfellow v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
  5. Hays v. . MillerNew York Court of Appeals · 1877

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3Cited by7 opinions

  1. Blanchard v. . D., L. W.R.R. Co.New York Court of Appeals · 1914
  2. Wagner v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  3. Kennealy v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  4. Caffi v. New York Central & Hudson River RailroadAppellate Terms of the Supreme Court of New York · 1905
  5. Blanchard v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1914

2 more not listed; retrieve them via the Exa API.

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