Tremblay v. . Harmony Mills
New York Court of Appeals
Appeal from a judgment- of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinions. The case was not submitted to the jury with correct instructions as to the law, and this court has the right to review such error.
Read the full summary
Appeal from a judgment- of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinions. The case was not submitted to the jury with correct instructions as to the law, and this court has the right to review such error. (McGuire v. Bell Telephone Co., 167 N. Y. 208.) The charge of the learned trial justice was erroneous, and such error is fairly…
1Opinion of the CourtCullen, J.
Assuming the sufficiency of the appellant’s exception to raise the point, which may well be doubted, the question presented on this appeal is whether the trial court erred in instructing the jury that if the defendant was negligent in maintaining a leader from the roof of a building so as to discharge water on the sidewalk by which ice was accumulated thereon and the walk rendered dangerous, the plaintiff was entitled to recover. “ At common law any act or obstruction which unnecessarily incommodes or impedes the lawful use of a highway by the public is a nuisance ” (Angell on Highways, §…
2Cases cited13 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
- Hudson River Telephone Co. v. Watervliet Turnpike & Railway Co.New York Court of Appeals · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Roark v. HuntingNew York Court of Appeals · 1969
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
- Connolly v. BurschAppellate Division of the Supreme Court of the State of New York · 1912
51 more not listed; retrieve them via the Exa API.