Bolster v. Ithaca Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Tompkins county. Action by Lucy Bolster against the Ithaca Street Railway Compañía. From a judgment dismissing plaintiff’s complaint, and from an order denying a motion for a new trial, she appeals. Reversed. Plaintiff was driving upon a street called “South Avenue,” in the city of Ithaca. Her cutter was overturned by the tracks of the defendant’s road.
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Appeal from trial term, Tompkins county. Action by Lucy Bolster against the Ithaca Street Railway Compañía. From a judgment dismissing plaintiff’s complaint, and from an order denying a motion for a new trial, she appeals. Reversed. Plaintiff was driving upon a street called “South Avenue,” in the city of Ithaca. Her cutter was overturned by the tracks of the defendant’s road. The horse ran away and was killed, and damages for the injuries to the horse and cutter are what she seeks here to recover. Upon the trial the plaintiff’s complaint was dismissed. From the judgment entered upon the…
1Opinion of the CourtSmith, J.
The trial court properly held that the plaintiff had failed to prove that South avenue, at the place where this accident happened, was a public street. The location was upon the campus of Cornell University. This campus is the private property of the university. While there is some evidence to the effect that this *598street had been used by the public for at least 25 years, the land has been owned by Cornell University for a longer period, and the streets upon the grounds of the campus were under the exclusive care and control of the university. There was no such use of the streets as was…
2Cases cited2 opinions
- Clancy v. . ByrneNew York Court of Appeals · 1874
- Mason v. Tower Hill Co.New York Supreme Court · 1895