New York Court of Appeals

Patrick McMahon, Respondent v. the Second Avenue Railroad Company, Appellant

November 12, 187875 N.Y. 231

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the railroad was contractually obligated to keep the street in and about its rails safe for public passage and that its negligent bridge over an excavation breached that duty, making it liable for the plaintiff's injuries.