Gubasko v. Mayor of New York
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint. The facts are stated in the opinion. The accident was of a nature which could be easily foreseen by any one accustomed to the course of business in the city.
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Appeal from a judgment of this court entered upon the dismissal of a complaint. The facts are stated in the opinion. The accident was of a nature which could be easily foreseen by any one accustomed to the course of business in the city. The utmost extent to which the courts have gone in exempting parties from responsibility for injuries caused by their omission to take precautions, is to relieve them from liability where the accident was so extremely unlikely to occur, that no reasonable man could have believed it possible had his attention been called to the risk in advance ( Greenland v.…
1Opinion of the Court
Chables P. Daly, Chief Justice.
I think the case-should have gone to the jury. The judge at the trial held that no negligence was shown on the part of the city authorities. The tree, he said, was broken or split off by the shock it received from the truck; and-as it stood on the sidewalk, fifteen inches from the street, he did not think that he could hold that such a blow from the wagon was an exigency which, in the ordinary course of events, could be expected. This, I think, was a question for the jury and-not for the court, for it involved, in the first instance, a finding of facts in…
2Cases cited4 opinions
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
- Cleveland v. . New Jersey Steamboat Co.New York Court of Appeals · 1877
- Ward v. . Atlantic and Pacific Telegraph Co.New York Court of Appeals · 1877
3Cited by3 opinions
- Gubasko v. City of New YorkNew York Court of Common Pleas · 1888
- Heilback v. Consumers' Brewery of BuffaloNew York Court of Appeals · 1912
- King v. Village of TullyAppellate Division of the Supreme Court of the State of New York · 1939