Vanderpool v. Husson
New York Supreme Court
THIS was a motion for a new trial, on a case and exceptions; the motion having originally been made at special term and denied, and coming here by appeal. The suit was brought to recover damages for the defendants’ neglect in conducting the repairs and improvements of a house at 108 Bowery, Hew York, in consequence of which the plaintiff, in passing by, was struck by a stick of falling timber and had his leg broken, and was otherwise injured.
Read the full summary
THIS was a motion for a new trial, on a case and exceptions; the motion having originally been made at special term and denied, and coming here by appeal. The suit was brought to recover damages for the defendants’ neglect in conducting the repairs and improvements of a house at 108 Bowery, Hew York, in consequence of which the plaintiff, in passing by, was struck by a stick of falling timber and had his leg broken, and was otherwise injured. The defense was negligence on the part of the plaintiff, contributing to the injury, and the absence of negligence on the part of the defendants; and…
1Opinion of the Court
By the Court, Hogeboom, J.
The judge at the circuit, among other things, charged the jury that if an owner of a building contracts with another to raise a roof to his house, and in that work a derrick is employed, extending over a sidewalk which is a great thoroughfare, where many persons are continually or frequently passing, and that derrick was necessarily so extended, or it was known to the owner that it was so extended, or would be extended, then it was the duty of the owner to cause a barricade to be placed to prevent persons passing by, or to place a person there to give warning to the…
2Cases cited3 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Norton v. E. WiswallNew York Supreme Court · 1858
- Congreve v. MorganThe Superior Court of New York City · 1856
3Cited by5 opinions
- Beetz v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
- Staldter v. City of HuntingtonIndiana Supreme Court · 1899
- Marquette v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- Dohn v. DawsonNew York Supreme Court · 1895
- Rohlfs v. WeilAppellate Division of the Supreme Court of the State of New York · 1935