Leary v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Yonkers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester, on the 23d day of October, 1902, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 8th day of November, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff was injured by the failing of a sign upon her while she was walking along a.public street in the city of Yonkers. This sign was affixed to the front of a building occupied by a jeweler, and. is.described as an artificial or imitation clock, made of iron and mortar. Its obvious purpose was the advertisement of the business carried on by the occupant of the premises. The clock was suspended from the end of an iron bar which extended from the build*127ing over the sidewalk a distance of five feet four inches, so that the sign hung over the middle of the sidewalk at…
2Cases cited7 opinions
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Grove v. City of Fort WayneIndiana Supreme Court · 1874
- Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
- Wells v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
- Jones v. City of BostonMassachusetts Supreme Judicial Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Whitmier & Ferris Co. v. State of New YorkNew York Court of Appeals · 1967
- Frank v. Village of WarsawAppellate Division of the Supreme Court of the State of New York · 1906
- Macrina v. ScerraNew York Supreme Court · 1961
- Frank v. Village of WarsawAppellate Division of the Supreme Court of the State of New York · 1906
2 more not listed; retrieve them via the Exa API.