Hubbell v. . City of Yonkers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department entered upon an order made February 10, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. (Reported below, 35 Hun, 349.) This action was brought to recover damages for personal 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 second judicial department entered upon an order made February 10, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. (Reported below, 35 Hun, 349.) This action was brought to recover damages for personal injuries alleged to have been caused by defendant’s negligence. The material facts are stated in the opinion. There was no proof in this case of negligence on the part of the defendant. (Moulton v Town of Sandford, 51 Me. 127; Titus v. North…
1Opinion of the CourtPeckham, J.
■ The plaintiff sustained an injury by falling over an embankment, while out riding in the city of Yonkers, and recovered damages in the trial court against the city for its negligence in the treatment of the street or highway of the city where the accident occurred. There is substantially no dispute about the facts upon which the defendant’s liability is based, and briefly they are as follows; Linden street is a street in the city, running north and south, the road-bed-in which was at the time in question macadamized along its "entire width of thirty feet and was in good condition. Side…
2Cases cited1 opinion
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
3Cited by86 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
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