Clifford v. . Dam
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries sustained by plaintiff from falling through a coal hole in the sidewalk in front of defendants’ premises in the city of New York, into the vault below.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries sustained by plaintiff from falling through a coal hole in the sidewalk in front of defendants’ premises in the city of New York, into the vault below. Plaintiff’s evidence was to the effect that the coal hole was covered with an iron disc which fitted into a groove. Plaintiff in passing stepped upon this disc, it fell off, and plaintiff was precipitated into the vault. The…
1Opinion of the Court
Church, Ch. J.
The only questions which seem to hava been raised by proper exceptions on the trial, relate to the rejection of evidence of a permit to make the excavation and construct the coal hole. The defendants’ counsel asked a witness whether he recollected obtaining any privilege to put vaults under the sidewalk adjoining the hotel. This was objected to on the ground that no license had been pleaded, and because immaterial and irrelevant. It was then offered to show that the usual permit had been obtained from the proper authorities in the city of Hew York authorizing the construction of…
2Cited by114 opinions
- Hausser v. GiuntaNew York Court of Appeals · 1996
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Kaufman v. SilverNew York Court of Appeals · 1997
- Nickelsburg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
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