MacKenzie v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by-the plaintiff, Stuart W. MacKenzie, from a judgment of the Supreme Court in favor of the- defendant, entered in the-office.of the clerk of - the county of New York on the 10th day of April, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. •The action .was originally brought against Frederick Weber and the Union Railway Company of New York city, the complaint being dismissed as to both defendants.
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Appeal by-the plaintiff, Stuart W. MacKenzie, from a judgment of the Supreme Court in favor of the- defendant, entered in the-office.of the clerk of - the county of New York on the 10th day of April, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. •The action .was originally brought against Frederick Weber and the Union Railway Company of New York city, the complaint being dismissed as to both defendants. No appeal is taken from the dismissal of the complaint as to Frederick Weber.
1Opinion of the Court
Patterson, J.:
The plaintiff was injured by falling into an open trench in a public highway in the city of New York, while he was proceeding along such highway with the intention of entering upon a car belonging to the defendant, the Union Railway Company of New York city, then being operated by the servants of that company. The action was' brought against that company and one Frederick Weber. It is charged in the complaint that Weber, a plumber by trade, had received from the city of New York a permit to open the west side of Third avenue, south of One Hundred and Seventy-sixth street in the…
2Cases cited1 opinion
- Wolf v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by5 opinions
- Blye v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1987
- Blye v. Manhattan & Bronx Surface Transit Operating AuthorityNew York Court of Appeals · 1988
- Ausderan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Keener v. TiltonNew York Court of Appeals · 1940
- Sheridan v. City of New YorkNew York Court of Appeals · 1959