Worster v. Forty-Second Street & Grand Street Ferry Railroad
New York Court of Appeals
Appeal from judgment of the Court of Common Pleas for the city and county of Hew York, reversing a judgment of the General Term of the Marine Court of the city of Hew York which affirmed a judgment of the Special Term entered upon an order dismissing plaintiff’s complaint. The action was brought to recover damages for injuries sustained by a horse of plaintiff’s, occasioned by an alleged defect in defendant’s track.
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Appeal from judgment of the Court of Common Pleas for the city and county of Hew York, reversing a judgment of the General Term of the Marine Court of the city of Hew York which affirmed a judgment of the Special Term entered upon an order dismissing plaintiff’s complaint. The action was brought to recover damages for injuries sustained by a horse of plaintiff’s, occasioned by an alleged defect in defendant’s track. Defendant owns and operates a railroad running through and over Houston street in the city of Hew York. On the 12th of April, 1864, plaintiff was driving a pair of horses…
1Opinion of the Court
Church, Ch. J.
We are to assume that the defendants had a lawful right to lay their tracks in the street, where the injury occurred, but this right carries with it the obligation to lay the tracks in a proper manner and keep them in repair*, and if an injury occurs by reason of neglect in either of these respects the defendants are liable in damages. (Fash v. Third Ave. R. R. Co., 1 Daly, 148; 11 Penn., 141.) The defect was immediately connected with the track, and was plainly visible to the employes of the defendants^ who were constantly operating the road. The duty of remedying the defect…
2Cases cited3 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- Hutson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1853
- Fash v. Third Avenue RailroadNew York Court of Common Pleas · 1861
3Cited by34 opinions
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Stern v. International Railway Co.New York Court of Appeals · 1917
- Omaha & Republican Valley Railway Co. v. BradyNebraska Supreme Court · 1894
- Dyer County v. RailroadTennessee Supreme Court · 1889
- Reading v. United Traction Co.Supreme Court of Pennsylvania · 1906
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