Rockwell v. Third Avenue Railroad
New York Supreme Court
THIS action w^s brought to recover for an injury alleged to have been sustained by the plaintiff, May 24, 1865, by striking his foot against a piece of iron, partially detached from a broken or worn out rail in the track of the defendant’s road, which it was alleged the defendant, from negligence or want of skill, permitted or allowed to be there. The answer put in issue all of the allegations of the complaint, except that it admitted the defendant was a corporation.
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THIS action w^s brought to recover for an injury alleged to have been sustained by the plaintiff, May 24, 1865, by striking his foot against a piece of iron, partially detached from a broken or worn out rail in the track of the defendant’s road, which it was alleged the defendant, from negligence or want of skill, permitted or allowed to be there. The answer put in issue all of the allegations of the complaint, except that it admitted the defendant was a corporation. The plaintiff was a member of a hook and ladder company, and with his associates, was running with them truck, down the avenue,…
1Opinion of the Court
By the Court, Ingraham, P. J.
The principles stated by the chief justice of the Court of Appeals, in the case of Wooster v. The Forty-second street and Grand street R. R. Co., (MS.,) are enough for the decision of tMs case, irrespective of the particular facts proved in that case. They are; that a railroad company having a right to lay tracks in a public street is bound to lay them in a proper manner, and to keep them in repair; that if any injury occurs by reason of neglect in either respect, the company is liable; that notice to the defendant of such defect was not necessary if the defect…
2Cited by5 opinions
- Solarz v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1894
- Wood v. Third Avenue RailroadNew York Supreme Court · 1895
- Coppins v. New York Central & Hudson River RailroadNew York Supreme Court · 1888
- Kelly v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1898
- Solarz v. Manhattan Railway Co.The Superior Court of New York City · 1894