Appellate Division of the Supreme Court of the State of New York July 1, 1900 (Casper v. Dry Dock, East Broadway & Battery Railroad)

Ingraham, J.:

Upon the former appeal in this action we held that the obligation of the defendant in relation to this track upon which it is claimed that the plaintiff was injured was twofold: First, properly to construct it; and, second, after it was so constructed, to maintain it in a safe condition; that as there was no evidence to show that the track was not properly constructed, or that the