Caven v. City of Troy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,, The- City of Troy, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 2d day of June, 1897, upon the verdict of a jury for $1,000, and also from an order entered in said clerk?s office on the 18th day of June, 1897, denying the 'defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Putnam, J.:
This action was brought by the plaintiff, as administratrix of Maria Forgie, deceased, to recover damages for the alleged negligence of the defendant in allowing an excavation to remain in one of its streets, into which the plaintiff’s intestate fell and was so injured that she afterwards died.
The facts as claimed by the plaintiff are as follows: On the 27th day of October, 1891, between nine and ten o’clock in the evening, Mrs. Forgie was going in a northwesterly direction along Fifteenth street, towards the-residence of her daughter (the plaintiff) upon said street, when, passing…
2Cases cited8 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
- Chisholm v. . StateNew York Court of Appeals · 1894
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3Cited by4 opinions
- Johnson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Birngruber v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 1900
- Johnson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Queck-Berner v. Atlantic Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903