Babbage v. Powers
New York Supreme Court
Motion for new trial on exceptions. Action by Edwin W. Babbage against Daniel W. Powers to recover damages for personal injuries sustained by the plaintiff, by reason of the sidewalk in front of premises owned by the defendant being in an unsafe and insecure condition. At the time of the accident, and for a long time prior thereto, the premises were in the actual possession of one Davis Harris, a tenant, under a lease from the owner.
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Motion for new trial on exceptions. Action by Edwin W. Babbage against Daniel W. Powers to recover damages for personal injuries sustained by the plaintiff, by reason of the sidewalk in front of premises owned by the defendant being in an unsafe and insecure condition. At the time of the accident, and for a long time prior thereto, the premises were in the actual possession of one Davis Harris, a tenant, under a lease from the owner. Under the sidewalk there was an excavation connected with the cellar under the building, the same being covered with flagstones, one of which became displaced or…
1Opinion of the CourtBarker, P. J.
On the undisputed evidence, two facts were established on the trial, which, in law, exempt the defendant from liability for the injuries which the plaintiff sustained, and justified the ruling, granting a nonsuit, although the plaintiff was the owner of the premises on which the accident occurred. The first is that the excavation under the sidewalk was made and covered with flag-stones, with the consent of the municipal authorities of the city of Rochester. The evidence bearing on this question was of such a character, and so conclusive, that there was nothing for the consideration of the…
2Cases cited4 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Swords v. . EdgarNew York Court of Appeals · 1874
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Wolf v. . KilpatrickNew York Court of Appeals · 1886
3Cited by4 opinions
- Schmidt v. CookNew York Court of Common Pleas · 1893
- Korte v. St. Paul Trust Co.Supreme Court of Minnesota · 1893
- Curban v. FlammerAppellate Division of the Supreme Court of the State of New York · 1900
- Curran v. FlammerAppellate Division of the Supreme Court of the State of New York · 1900