Thompson v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans on the 21st day of November, 1898, upon the verdict of a jury-for $1,000, and also from an order entered in said ■clerk’s office on the 21st day of November, 1898, denying the ■defendant’s motion for a new trial made upon a case containing exceptions.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans on the 21st day of November, 1898, upon the verdict of a jury-for $1,000, and also from an order entered in said ■clerk’s office on the 21st day of November, 1898, denying the ■defendant’s motion for a new trial made upon a case containing exceptions. Although the notice of appeal recites that the motion for a new trial was made upon a case containing exceptions, it appears from the order…
1Opinion of the Court
McLennan, J.:
The rule of law applicable to the facts in this case is well settled. In the case of Beck v. Carter (68 N. Y. 283) the head note is as follows : “ If the owner of land make an excavation thereon adjacent to a highway, or so near as to make the use of the highway unsafe or dangerous, he will be liable to a traveler who, while using ordinary care, falls into it and is injured.”
In that case the court had charged the jury as follows: It makes “no difference whether the excavation was seven, or nine, or ten feet from the originally established boundaries of the thoroughfare (alley);…
2Cases cited2 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Morrell v. . PeckNew York Court of Appeals · 1882
3Cited by5 opinions
- Hayes v. MalkanNew York Court of Appeals · 1970
- Collins v. DeckerAppellate Division of the Supreme Court of the State of New York · 1907
- Healy v. VorndranAppellate Division of the Supreme Court of the State of New York · 1901
- Kelly v. Sabin Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
- Hayes v. MalkanNew York Court of Appeals · 1970