Herrington v. . Village of Lansingburgh
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made at the May Term, 1886, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made at the May Term, 1886, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The material facts are stated in the opinion. It is the duty of a municipal corporation having the control of its streets to keep them in a reasonably safe condition for whomever may be lawfully upon them. (Niven v. Rochester, 76 N. Y.…
1Opinion of the CourtEarl, J.
The defendant is a municipal corporation, and, by its charter, is clothed with power to cause the construction of sewers. On the 23d day of October, 1878, it made and entered into a contract in writing with Broderick and Ellis for the construction of a sewer in and through one of its streets called State street. The specifications for the work provided that all damages arising from blasting to be done in the construction of the sewer should be paid for by the contractors. State street crossed Market street at right angles. On the 7th day of December, 1878, the plaintiff came into the village…
2Cases cited1 opinion
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
3Cited by24 opinions
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Boylhart v. DiMarco & Reimann, Inc.New York Court of Appeals · 1936
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
- Berg v. . ParsonsNew York Court of Appeals · 1898
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