McMahon v. . Second Avenue Railroad Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 Hun, 347.) This action was brought to recover damages for injuries alleged to have been sustained through defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 Hun, 347.) This action was brought to recover damages for injuries alleged to have been sustained through defendant’s negligence. The facts were substantially as follows : On the 4th of February, 1876, plaintiff was driving a truck up Second avenue, in New York city, upon the up or right hand track of defendant’s railroad, the right or off wheels of the wagon running in the groove of the eastern rail, and the…
1Opinion of the CourtFolger, J.
There is no doubt but that the cause of the injury to the plaintiff was the mailing of the excavation in the street, and neglecting to so cover it as that loaded vehicles could pass over it in safety ; or in neglecting to warn and turn away loaded vehicles from attempting passage there while it was insufficiently covered. There is no claim or pretence that the negligence of the plaintiff contributed to the injury.
In this state of facts, it may be that the municipality, having authorized the excavation and having notice that it was going on, and Riss, the person who actually made and left it,…
2Cases cited2 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Beach v. . CrainNew York Court of Appeals · 1848
3Cited by35 opinions
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
- Bush v. . D., L. W.R.R. Co.New York Court of Appeals · 1901
- Metcalf v. MellenUtah Supreme Court · 1920
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