Doyle v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of New York and another, from a judgment of the Supreme Court in favor of the plaintiff, -entered in the office of the clerk of the county of Kings on the 19th day of February, 1900, upon the verdict, of a jury for $5,000, and also from an order entered in said clerk’s office on the 27th.day •of February, 1900, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The action is for damages for personal injuries arising from the failure of the defendants to keep a public street in good repair.. The. plaintiff was riding upon (but not driving) a large brewery truck on Myrtle avenue, Brooklyn, when the forward wheel. sank into a rut or hole between, the street surface .railroad tracks, throwing the driver off the truck and toppling over a cask of beer upon the plaintiff’s foot, the great toe of which was so injured as to compel its amputation. The plaintiff had a verdict against both defendants, and both appeal.
The contest arises upon the…
2Cases cited5 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Mayor of New York v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Conway v. . City of RochesterNew York Court of Appeals · 1898
- Town of North Hempstead v. GregoryAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by9 opinions
- Schuster v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.New York Court of Appeals · 1908
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1914
- Asmus v. United Railways Co.Missouri Court of Appeals · 1911
- Binninger v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- City of St. Paul v. St. Paul City Railway Co.Supreme Court of Minnesota · 1904
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