Woolsey v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court, in favor "of the plaintiff, entered in the Office of the clerk of the county of Kings on the; 14th day of February, 1907, upon the verdict of a jury for , $1,000, and also from an order entered in said clerk’s office on the 2d day of March, 1907, denying "the defendant’s motion for. a new . trial -made upon the minutes.
1Opinion of the Court
Miller, J.:
I am unwilling to decide that a' jury may find negligence from the bare fact of the existence" of a space of ten inches (the credible testimony is that the space in the.case at bar was-seven and one-lialf inches) between the station and car platforms. . The statement, in the-opinion in Ryan v. Manhattan R. Co. (121 N. Y. 126) that “on a perfectly straight track three or four inches of separation would be all that necessity required; and- as- much as should be usually maintained,” is dictum. The: court held that-the negligence charged ,-in that case was wholly unproved. The case of…
2Cases cited4 opinions
- Ryan v. Manhattan Railway Co.New York Court of Appeals · 1890
- Boyce v. . Manhattan Railway Co.New York Court of Appeals · 1890
- Langin v. Trustees of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
- Coogan v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1906
3Cited by8 opinions
- Glover v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
- Williams v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Gibson v. New York Consolidated RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Johnson v. New York City Transit AuthorityAppellate Terms of the Supreme Court of New York · 2005
- Boland v. Pennsylvania RailroadAppellate Terms of the Supreme Court of New York · 1913
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