Wood v. Third Ave. Railroad
New York Supreme Court
Appeal from special term, Kings county. Action by Thomas P. Wood against the Third Avenue Railroad Company for personal injuries. From an order granting a new trial after a verdict was rendered in favor of plaintiff for $2,000 (34 N. Y. Supp. 698), plaintiff appeals.
1Opinion of the CourtPratt, J.
The defendant, which operates a cable railroad, laid manhole covers in the public street opposite the New York entrance of the Brooklyn bridge, with a circular hole in the center of such covers If- inch in diameter. The hole was open and unguarded. The plaintiff crossing the street, one of the crutches with which he walked went into the hole, and plaintiff was thrown and injured. The jury found the construction, negligent, and gave plaintiff a verdict, which was set aside. Plaintiff appeals.
The defendant showed that since the manhole had been so constructed a great number of people had…
2Cited by2 opinions
- Preiss v. City of New YorkNew York Supreme Court · 1910
- Johnson v. Schaefer Co.Appellate Division of the Supreme Court of the State of New York · 1930