Cooley v. Trustees of New York & Brooklyn Bridge
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by George W. Cooley against | the Trustees of the New York and Brooklyn Bridge. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtHatch, J.
The plaintiff was injured by falling upon the steps of a stairway leading to the Brooklyn Bridge. The occasion of his fall was a pile of dirt, composed of earth, banana peelings, cigar stumps, etc., situate upon the fifth or sixth step from the bottom of the stairs, about three inches in depth and eighteen inches long. The immediate cause of the fall was the stepping upon a banana peel which lay in this pile, and, slipping upon that, the plaintiff sustained somewhat serious injuries. The evidence is quite meager as to how the pile came to be upon this step, the proof in this respect being…
2Cases cited4 opinions
- McGuire v. . SpenceNew York Court of Appeals · 1883
- Hauk v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Swart v. Mayor of New YorkNew York Supreme Court · 1889
- Hauk v. New York, N. H. & H. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Levin v. AbrahamsAppellate Terms of the Supreme Court of New York · 1916