Hunt v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 1, 1885, overruling plaintiff’s exceptions and directing a judgment dismissing the complaint.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 1, 1885, overruling plaintiff’s exceptions and directing a judgment dismissing the complaint. (Eeported below, 20 J. & S. 198.) This action was brought to recover damages for injuries received by plaintiff on the 27th day of January, 1883, while lawfully passing along Broadway in the city of New York, by an explosion at one of the man-holes of the American Heating and Power Company, at the junction of Broadway and Maiden lane. The American Heating and Power Company was the…
1Opinion of the CourtAndrews, J.
The fact of the explosion, is itself a demonstration that the street was at the time in an unsafe and dangerous condition, and the only question is whether upon the evidence the city is or may be liable for the injury suffered by the plaintiff. The duty cast upon a municipal corporation to keep its streets in a safe condition for travel is not absolute, so as to impose liability upon the corporation in every case where a traveler, without fault on his 'part, sustains injury ■from a defective street. Its liability depends in all cases upon negligence, that is, upon the fact whether it has…
2Cases cited2 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
3Cited by29 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
- Corcoran v. . City of New YorkNew York Court of Appeals · 1907
- Danaher v. . City of BrooklynNew York Court of Appeals · 1890
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