Wagner v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Charles A. Wagner against the Brooklyn Heights Railroad Company. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtJenks, J.
The appellant contends—First, that the evidence failed to establish a cause of action; and, second, that the plaintiff,, perforce of a pass, lost any right of action.
i. The plaintiff was a lineman of the police department of the city of New York, of 13 years’ experience in service of the city of Brooklyn and of its said successor. At the time of the accident his duty called him to repair a broken police telegraph wire. This wire was-carried on the elevated railroad structure of the defendant, which, charged rent to the city for such privilege. While at his work underneath the structure, he…
2Cases cited6 opinions
- Illingsworth v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1894
- Griffin v. United Electric Light Co.Massachusetts Supreme Judicial Court · 1895
- Newark Electric Light & Power Co. v. GardenCourt of Appeals for the Third Circuit · 1896
- Atlanta Consolidated Street Railway Co. v. OwingsSupreme Court of Georgia · 1896
- Paine v. Electric Illuminating & Power Co.Appellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Godbey v. Grinnell Electric & Heating Co.Supreme Court of Iowa · 1921