Binninger v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second, judicial department, entered March 25, 1903, 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 opinions.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second, judicial department, entered March 25, 1903, 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 opinions. Section 98 of the Bailroad Law was a valid enactment and was in full force and effect and was applicable to the Brooklyn Heights Bailroad Company at the time this accident happened. (N. O. G. Co. v. L. L. Co., 115 U. S. 672; Beer Co. v. Massachusetts, 97 U. S. 25.)…
1Opinion of the Court
The main question raised on this appeal by the defendant railroad company is, whether, on the undisputed evidence, it rested under any liability to keep the pavement in repair, within the statutory limits, on Court street, between Fulton and Joralemon streets, in the borough of Brooklyn, or, whether the city of New York is solely liable. The city of New York insists that the railroad company is ultimately liable to pay the judgment which the plaintiff has recovered herein.
The plaintiff was injured December 29th, 1900, by reason of driving into an opening negligently left in Court street,…
2Cases cited3 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Milhau v. . SharpNew York Court of Appeals · 1863
- Village of Mechanicville v. Stillwater & Mechanicville Street Railway Co.New York Supreme Court · 1901
3Cited by12 opinions
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- Mayor of New York v. Harlem Bridge, Morrisania & Fordham Railway Co.New York Court of Appeals · 1906
- People ex rel. City of Geneva v. Geneva, Waterloo, Seneca Falls & Cayuga Lake Traction CoAppellate Division of the Supreme Court of the State of New York · 1906
- Butin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
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