Lowery v. . Brooklyn City and Newt. R.R. Co.
New York Court of Appeals
Appeal from judgment of tho General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been occasioned by defendant’s negligence.
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Appeal from judgment of tho General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been occasioned by defendant’s negligence. In April, 1876, plaintiff was walking upon a cross-walk, crossing Fulton street, in the city of Brodklyn, when- his foot was caught in a switch connecting one of tho rails of defendant's track with that of tho Brooklyn City Railroad Company, and he was thrown down and injured ; the flange of the switch projected some two or three inches above…
1Opinion of the Court
Hand, J. *
The charge as given to the jury, notwithstanding the ambiguity of the answers to some of the defendant’s requests, ' taken as a whole, clearly enough instructed them that the defendant would be liable, although the switch was originally constructed by it with its flange below the surface of the cross-walk and with all due care, in every respect, if by the sinking and wearing away of the flagstones of the cross-Avalk, their surface was brought beloAV the SAvitch and an obstruction thus caused. In other Avords, the court told them that it Avas the duty of the defendant to keep the…
2Cases cited2 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- McMahon v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
3Cited by2 opinions
- Wooley v. . Grand Street Newtown R.R. Co.New York Court of Appeals · 1880
- City of New York v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1911