Rehberg v. . Mayor, Etc., of City of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made June 6, 1881, which affirmed a judgment in favor of the defendant, entered upon an order non-suiting plaintiff on trial. • This action was brought to recover damages for injuries received by plaintiff caused by the falling upon him of a pile of bricks which had been placed in a street of the city by contractors engaged in taking down a…
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made June 6, 1881, which affirmed a judgment in favor of the defendant, entered upon an order non-suiting plaintiff on trial. • This action was brought to recover damages for injuries received by plaintiff caused by the falling upon him of a pile of bricks which had been placed in a street of the city by contractors engaged in taking down a building upon a lot adjoining the street. The material facts are stated in the opinion. ,
1Opinion of the Court
Andrews, Oh. J.
We are of opinion that' this case should have been submitted to the jury. It is well settled that in determining the correctness of a nonsuit, the plaintiff is entitled to the most favorable inferences deducible from the evidence, and all contested facts are to be deemed established in his favor. The pile of bricks, the falling of which caused the injury of which the plaintiff complains, was an unlawful structure. It was not only placed in the street by private persons, without the permission of the city authorities in direct violation of the city ordinance, but it was…
2Cases cited1 opinion
- Donaldson v. City of BostonMassachusetts Supreme Judicial Court · 1860
3Cited by59 opinions
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Matter of Friedel v. Board of RegentsNew York Court of Appeals · 1947
- The Town of Norman v. TeelSupreme Court of Oklahoma · 1902
- Nolan v. . KingNew York Court of Appeals · 1885
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