Gaebler v. . Gallo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April .28, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April .28, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court in its charge and its refusals to charge and its conduct of the trial erred in failing to instruct the jury that defendants discharged their duty if they left a safe place to alight and notified the railroad thereof. (Wolff v. T. A. R. R. Co., 67 App. Div.…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for personal injury, resulting to the plaintiff by reason of her falling into a trench dug by the defendants.
Originally, the Hew York City Railway Company was joined as co-defendant, but at the beginning of the trial the plaintiff discontinued as to the railway company and the trial proceeded as against the appellants. The appellants, as contractors of the city of Hew York, were engaged in digging a trench and laying water mains therein, on the northerly side of the railroad track, in Fourteenth street, between Avenue A and Second avenue. The trench…
2Cases cited2 opinions
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
- Wolf v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Leonard v. Mel Foster Co.Supreme Court of Iowa · 1953