Legal Opinion

Quinn ex rel. Quinn v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 1911PublishedCited by 3 opinions

Appeal by tbe defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of June, 1910,‘upon the verdict of a jury for $400, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J. :

The plaintiff, about four o’clock in the afternoon on the 18th of July, 19.08, while running along a path which extended by the side of Twentieth street between Seventh and Eighth ave-, núes at Whitestone, in the borough of Queens, was thrown to the ground by his foot coming in contact with a root which *196extended1 across the path and fractured a bone in one of his arms. This action was brought to recover the damages alleged to have been sustained on the ground that the same were due to the city’s negligence. He had a verdict, upon which judgment was entered, and the defendant…

2Cases cited2 opinions

  1. Henry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  2. Mackey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by3 opinions

  1. Murphy v. McMahonAppellate Division of the Supreme Court of the State of New York · 1917
  2. Alfieri v. Carmelite Nursing Home, Inc.Civil Court of the City of New York · 2010
  3. Foye v. City of New YorkAppellate Terms of the Supreme Court of New York · 1928

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