Legal Opinion

Bonny v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided April 11, 1913Published

Appeal by the plaintiff, Sylvian F. Bonny, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 2d day of March, 1912, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Queens County Trial Term.

1Opinion of the Court

Jenks, P. J.:

We think that'the dismissal of the plaintiff was fight. She complained that her infant child, when lawfully in a part of a certain city street used as a sidewalk, was injured by a subsidence thereof, attributable to the carelessness and negligence Of the defendant in maintaining and permitting to exist a dangerous and unsafe condition of that sidewalk. ■ The answer was a general denial. •

It appeared that in November, 1909,. the. defendant’s highway department, cut down the roadway of the alleged street in front of plaintiff’s premises to conform to the grade of an avenue that had…

2Cases cited4 opinions

  1. Gerding v. . HaskinNew York Court of Appeals · 1894
  2. Gasper v. AdamsNew York Supreme Court · 1858
  3. McNish v. Village of PeekskillNew York Supreme Court · 1895
  4. Stadelmann v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908

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