Legal Opinion

Woolsey v. Brooklyn Heights Railroad

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

Decided January 10, 1908PublishedCited by 8 opinions

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

  1. Ryan v. Manhattan Railway Co.New York Court of Appeals · 1890
  2. Boyce v. . Manhattan Railway Co.New York Court of Appeals · 1890
  3. Langin v. Trustees of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
  4. Coogan v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1906

3Cited by8 opinions

  1. Glover v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
  2. Williams v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  3. Gibson v. New York Consolidated RailroadAppellate Division of the Supreme Court of the State of New York · 1916
  4. Johnson v. New York City Transit AuthorityAppellate Terms of the Supreme Court of New York · 2005
  5. Boland v. Pennsylvania RailroadAppellate Terms of the Supreme Court of New York · 1913

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API