Legal Opinion

Clarke v. Nassau Electric Railroad

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

Decided July 1, 1896PublishedCited by 20 opinions

Motion by the plaintiff, William E. Clarke, for a new trial on a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint directed by the court after a trial before the Court and a jury at a trial term of the County Court of Kings county on the 13th day of March, 1896. The action was brought to recover the damages resulting from the killing of a horse.

1Opinion of the Court

Willard Bartlett, J.:

The defendant maintains an electric railway in Brooklyn which passes through Thirty-ninth street. According to an expert electrician, who was a witness for the plaintiff, the trolley wire is the positive and the rails form the negative pole; and the current, in the *53ordinary operation of the cars, passes from the overhead wires to the motor and from the motor to the wheels and from the wheels to the track. The overhead wires are ■ insulated so as to prevent the positive current from being conveyed away through the supporting trolley poles to the ground. This being the…

2Cited by20 opinions

  1. Jones v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
  2. Chaperon v. Portland Electric Co.Oregon Supreme Court · 1902
  3. Memphis Consolidated Gas & Electric Co. v. LetsonCourt of Appeals for the Sixth Circuit · 1905
  4. Ramsey v. National Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. Dwyer v. Buffalo General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897

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