McFeeters v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Hew York, from a judgment of the Municipal Court of the city of Hew York, borough of Richmond, in favor of the plaintiff, entered on the 14th day of July, 1904, upon the verdict of a jury.
1Opinion of the Court
Willard Bartlett, J.:
At eleven-forty p. m., on the 27th day of April, 1904, the plaintiff’s horse sustained injuries, which the jury have assessed at $100, by reason of falling into an excavation which the defendant had caused to be made for purposes of sewer construction in the middle of a public street along which the horse was being driven by a servant of the plaintiff.
Upon leaving the work at nightfall, the foreman in charge, who was an employee of the defendant, attached to the department of sewers, had caused planks to be placed over the excavation, together with a red lamp, which was…
2Cited by2 opinions
- Giglio v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Buckley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909