Walsh v. Central New York Telephone & Telegraph Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 23, 1902, 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 opinion. The evidence fails to show any negligence on the part of defendant, and its motion for a nonsuit on that ground should have been granted.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 23, 1902, 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 opinion. The evidence fails to show any negligence on the part of defendant, and its motion for a nonsuit on that ground should have been granted. (Nolan v. King, 91 N. Y. 565; Thieme v. Gillen, 41 Hun, 443; Parker v. City of Cohoes, 10 Hun, 531; 14 N. Y. 610; Lane v. Wheeler, 35…
1Opinion of the CourtCullen, J.
The action was brought to recover for damages for personal injuries. At the time of the accident the defendant was engaged in laying a subway or conduit in South Salina street, in the city of Syracuse. The street runs north and south, and in the middle of it is laid a double-track street railroad. For the purpose of laying the conduit the defendant had excavated at a distance of about three feet west of the westerly rail a trench two feet in width and varying in depth from two and a half to three and a half feet. At points along the line of the subway manholes were to be constructed. The one…
2Cases cited1 opinion
- Griffen v. . ManiceNew York Court of Appeals · 1901
3Cited by11 opinions
- Henry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Keating v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- McDonald v. Holbrook, Cabot & Daly Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Hatch v. New York Central & Hudson River RailroadNew York Supreme Court · 1903
- McDonald v. Holbrook, Cabot & Daly Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1905
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