Marshall v. Auburn & Northern Electric Railroad

108 N.Y.S. 1140 | N.Y. App. Div. | 1908

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 negligence 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.