Binninger v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of New York and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th day of April, 1902, upon the verdict of a jury for $3,750, and also from the orders entered in said clerk’s office on the 25th day of April, 1902, and on the 2d day of May, 1902, denying the defendants’ respective motions for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff has established, to the satisfaction of the jury, that on the morning of the 29th day of December, 1900, he was driving a wagon loaded with newspapers along Court street, in the borough of Brooklyn, between Remsen and Joralemon streets, going south, and in attempting to pass a toolhouse, which had been erected in the street in front of a building in course of construction, his wagon wheel dropped into a rut in the pavement, breaking the axle and throwing him to the pavement, with serious injuries as a result. There is some contention that the defects in the street…
2Cases cited2 opinions
- People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
- Doyle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- People v. KaufmanNew York City Magistrates' Court · 1937
- City of Amsterdam v. Fonda, Johnstown & Gloversville RailroadNew York Supreme Court · 1906