Loughran v. City of New York
New York Court of Appeals
I. The accident occurred at Washington Square Park, which is a public park, established and maintained by defendant City of New York, and over which it had and maintained exclusive and undivided supervision and control. The accident and plaintiff’s resulting injuries were caused by a defective condition in one of the pathways in the park. II.
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I. The accident occurred at Washington Square Park, which is a public park, established and maintained by defendant City of New York, and over which it had and maintained exclusive and undivided supervision and control. The accident and plaintiff’s resulting injuries were caused by a defective condition in one of the pathways in the park. II. The jury was well warranted in finding that defendant was culpably negligent, in knowingly permitting the defective condition in the pathway to continue, for more than a year and a half, without repair, even though the hole in the center of the defects…
1Per curiam
Plaintiff, while walking at night along the paved pathway of Washington Square Park, a small' public park established and maintained by the City of New York, stepped into a hole and fell. For the consequent injuries suffered, suit was brought against the city; there was a verdict in plaintiff’s favor. In the Appellate Term and in the Appellate Division, the city has prevailed in its contention that the complaint should be dismissed on the ground that there was no evidence that the hole was four inches in depth or that it constituted a “ trap.”
For the past twenty years at least, this court has…
2Cases cited5 opinions
- Wilson v. Jaybro Realty & Development Co.New York Court of Appeals · 1943
- Dowd v. City of BuffaloNew York Court of Appeals · 1943
- Lynch v. City of BeaconNew York Court of Appeals · 1946
- Norbury v. City of BuffaloNew York Court of Appeals · 1927
- Pratt v. Village of Seneca FallsNew York Court of Appeals · 1946
3Cited by52 opinions
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Hutchinson v. Sheridan Hill House Corp.New York Court of Appeals · 2015
- Cash v. City of CincinnatiOhio Supreme Court · 1981
- Arvidson v. City of ElmhurstIllinois Supreme Court · 1957
- Parker v. City and County of DenverSupreme Court of Colorado · 1953
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