Marshall v. Auburn & Northern Electric Railroad

Appellate Division of the Supreme Court of New York

Marshall v. Auburn & Northern Electric Railroad

123 A.D. 911, 108 N.Y.S. 1140

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1908

StatusPublished

This text of 123 A.D. 911 (Marshall v. Auburn & Northern Electric Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marshall v. Auburn & Northern Electric Railroad, 123 A.D. 911, 108 N.Y.S. 1140 (N.Y. Ct. App. 1908).

Pincite

Opinion

McLennan, P. J. (dissenting):

I dissent .upon the ground that the omission by the defendant to erect a barrier such as would prevent a runaway horse from running upon and over the portion of the street in question did not establish negli[912]*912gence úpon the part of the defendant;, that the. barrier Contemplated in the franchise was such as would warn persons driving upon the street in question, rather than protect them from any accident resulting from the occupation of such street.

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McLennan, P. J. (dissenting):

I dissent .upon the ground that the omission by the defendant to erect a barrier such as would prevent a runaway horse from running upon and over the portion of the street in question did not establish negli[912]*912gence úpon the part of the defendant;, that the. barrier Contemplated in the franchise was such as would warn persons driving upon the street in question, rather than protect them from any accident resulting from the occupation of such street.

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Bluebook (online)

123 A.D. 911, 108 N.Y.S. 1140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-auburn-northern-electric-railroad-nyappdiv-1908.