Tierney v. City of Troy
New York Supreme Court
Motion for a new trial upon a case and exceptions, ordered to be beard in the first instance at General Term, after a nonsuit had been ordered at the Rensselaer Circuit. The injuries, to recover damages for which this action was brought, were alleged to have been sustained by the plaintiff’s son on the 31st of August, 1882, while walking upon abridge crossing railroad tracks in Liberty street, in the city of Troy.
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Motion for a new trial upon a case and exceptions, ordered to be beard in the first instance at General Term, after a nonsuit had been ordered at the Rensselaer Circuit. The injuries, to recover damages for which this action was brought, were alleged to have been sustained by the plaintiff’s son on the 31st of August, 1882, while walking upon abridge crossing railroad tracks in Liberty street, in the city of Troy. The motion for a nonsuit was granted by the court on the ground that it was the duty of the railroad company, and not the city, to keep the bridge in repair.
1Opinion of the Court
Parker, J.:
The plaintiff was nonsuited in the court below, as appears by the remarks of the justice presiding, upon the ground that the Union Railroad Company, and not the city of Troy, was liable for the neglect to repair the bridge through which the plaintiff’s little son fell. That the liability to keep a bridge forming part of a highway over a railroad track in repair is, by statute, enjoined upon the railroad company, and for any damages sustained by reason of their failure so to do the company must respond, and not the defendant.
In the consideration of that proposition here, it must be…
2Cases cited3 opinions
- Hyatt v. Trustees of RondoutNew York Supreme Court · 1863
- Clark v. City of LockportNew York Supreme Court · 1867
- People Ex Rel. Markey v. . City of BrooklynNew York Court of Appeals · 1875