Hart v. City of Brooklyn
New York Supreme Court
APPEAL by the defendants from a judgment of the city court of Brooklyn. The action was brought to recover damages for an injury sustained by Margaretta Hart, one of the plaintiffs, in consequence of falling into a coal vault under the sidewalk, in Hicks street, Brooklyn, in June, 1859, through the grating ; which, the complaint alleged, was left in an unsafe and dangerous condition by the defendants.
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APPEAL by the defendants from a judgment of the city court of Brooklyn. The action was brought to recover damages for an injury sustained by Margaretta Hart, one of the plaintiffs, in consequence of falling into a coal vault under the sidewalk, in Hicks street, Brooklyn, in June, 1859, through the grating ; which, the complaint alleged, was left in an unsafe and dangerous condition by the defendants. The answer of the defendants admitted that they had the care of the public streets and sidewalks, but denied any liability for not repairing and keeping in order vault gratings. The plaintiffs…
1Opinion of the Court
By the Court,
Emott, J.
The exception to the charge of the city judge is too vague and general to be of avail to the defendants. The principal question presented by the bill of exceptions, and the only question which it is necessary for us to consider, is the right to maintain the action against the city, upon the facts disclosed in the evidence.
The defendants moved for a nonsuit, when the plaintiffs closed their case, at the trial. It then appeared that Margaretta Hart, one of the plaintiffs, while passing through Hicks street, in Brooklyn, stepped upon the grate or cover of an opening of a…
2Cases cited2 opinions
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- Peck v. Village of BataviaNew York Supreme Court · 1860
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