Nolan v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas J. Nolan, 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 1st day of April, 1901, upon the dismissal of the comjffaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 29th day of March, 1901, denying the plaintiff’s motion for a new trial.
1Dissent
O’Brien, J. (dissenting):
The plaintiff’s work was dangerous if care was not observed by the railroad company at that point in the movement of its cars. That this was recognized by the company sufficiently appears from the fact that it gave instructions to its motormen to approach the place at half speed and give warning by the ringing of the gong. In other words, although the place itself was not dangerous, it could be rendered so by the manner in which the cars were operated. Hence we may assume, as did the company, from the conditions *188existing wliere the work was being conducted, that the…
2Cases cited2 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Bengivenga v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900