Obenland v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
, Appeal by-the plaintiff, Charles Qbenland, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 20th day of December, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Kings County Trial Term. •
1Opinion of the Court
Miller, J,:
I think that the principle involved in Barry v. N. Y. C. & H. R. R. R. Co. (92 N. Y. 289) and in Byrne v. N. Y. C. & H. R. R. R. Co. (104 id. 362) is applicable to this case, and that the case of Keller v. Erie R. R. Co. (183 id. 67) is not in any respect analogous.
The Barry and Byrne Cases {su/pra) involved accidents at crossings of- a steam railroad which the defendant had for many years suffered the. public to use. In the case at bar we must assume (the plaintiff was nonsuited) that the accident occurred at a place which was used as a public street to the knowledge of the…
2Cases cited3 opinions
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Volosko v. Interurban Street Railway Co.New York Court of Appeals · 1907
- Black v. Staten Island Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899