Nolan v. . King
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 Rew York, entered upon an order made December 4, 1882-, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by plaintiffs negligence.
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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 Rew York, entered upon an order made December 4, 1882-, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by plaintiffs negligence. The defendant was the contractor for the erection of a building at the north-east corner of Grand and Mercer streets in the city of Rew York; included in his contract was the building of a vault under the sidewalk of Grand street. Por the purpose of…
1Opinion of the CourtFinch, J.
The complaint in this action was grounded upon negligence in the construction of the bridge over the vault opening. There is no allegation that its existence was unlawful, or that it constituted an unauthorized obstruction of the street, and so was a wrong, or a nuisance ; but, on the contrary, the complaint assumed a lawful construction, for it was averred that ‘1 it became and was the duty of the defendant so to erect and maintain the said bridge, or wooden walk aforesaid, and the approaches or steps leading thereto and therefrom, * * * * in’ good order and in proper and safe condition,”…
2Cases cited3 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
- Brusso v. . City of BuffaloNew York Court of Appeals · 1882
3Cited by24 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Waldmann v. Skrainka Construction Co.Supreme Court of Missouri · 1921
- Welch v. McGowanSupreme Court of Missouri · 1914
- Newport News & Old Point Railway & Electric Co. v. Clark's AdministratorSupreme Court of Virginia · 1906
- Coolidge v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
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