Shields v. Consolidated Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael J. Shields, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of January, 1920, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case.
1Opinion of the Court
Laughlin, J.:
This is an action for damages for personal injuries alleged to have been caused by the negligence of the defendant by leaving open and unguarded an excavation in Columbus avenue near the curb at the northwesterly comer of One Hundred and First street in the line or partly on the line of the northerly crosswalk of One Hundred and First street over Columbus avenue into which plaintiff on the 2d day of October, 1916, fell. Some days prior to the time of the accident a construction company was engaged in excavating a trench on the westerly side of Columbus avenue between the westerly…
2Cases cited4 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Harris v. . UebelhoerNew York Court of Appeals · 1878
- Lortz v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Manney v. CurtisAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Sutherland v. Hallen Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Lotito v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1951
- Shenkerman v. GoycoecheaNew York Supreme Court · 2011