Rogers v. Trustees
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Trustees of the New York and Brooklyn Bridge, 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 25th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 3d day of June, 1896, denying the defendant’s motion for a new…
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Appeal by the defendant, The Trustees of the New York and Brooklyn Bridge, 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 25th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 3d day of June, 1896, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries to the plaintiff, who, while…
1Opinion of the Court
Hatch, J.:
Successive litigations involving a consideration of the construction of the Brooklyn bridge at its terminal in the city of Brooklyn, as it existed when the present accident happened and prior thereto, have produced from the courts conclusions which limit the range of discussion. In Langin v. The Trustees of N. Y. & B. Bridge (10 App. Div. 529) we said, in substance, that negligence could not be predicated upon the construction and maintenance of the bridge as a structure. In that case the trial court limited the jury to a finding of negligence from a consideration of the single…
2Cases cited10 opinions
- Holden v. . New York and Erie BankNew York Court of Appeals · 1878
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
- Boyce v. . Manhattan Railway Co.New York Court of Appeals · 1890
- Neil v. . ThornNew York Court of Appeals · 1882
- Brady v. Manhattan Railway Co.New York Court of Appeals · 1891
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3Cited by3 opinions
- Tacoma & Eastern Lumber Co. v. Field & Co.Washington Supreme Court · 1918
- In re RandallAppellate Division of the Supreme Court of the State of New York · 1904
- Weinstein v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1907