Triay v. Richard Carvel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Virginia Triay, from a judgment of the County Court of Bronx county in favor of the defendant, entered in the office of the clerk of said county on the 24th day of January, 1916, upon a dismissal of the complaint by direction of the court at the close of the case, and also from an order entered in said clerk’s office on the 30th day of December, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The plaintiff, a child six years of age, stumbled over a plank, being one of a number which had been dumped by the defendant in-the highway, partly on the sidewalk and partly in the roadway. This pile of lumber constituted a nuisance. (Lawton v. Olmstead, 40 App. Div. 544; Place v. Delaware, L. & W. R. R. Co., 157 id. 24.) It is true that defendant was a contractor for a work of public improvement and that it probably intended to use the lumber in its work, but it had received no permit to place the lumber where it did place it, nor does it appear that any necessity of the work…
2Cases cited1 opinion
- Lawton v. OlmsteadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Shepard v. Utah Light & Traction Co.Utah Supreme Court · 1919