Donovan v. . McAlpin
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of defendants, entered upon an order made April 5, 1880, which overruled exceptions, denied a motion for a new trial, and directed judgment upon an order dismissing plaintiff’s complaint on trial.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of defendants, entered upon an order made April 5, 1880, which overruled exceptions, denied a motion for a new trial, and directed judgment upon an order dismissing plaintiff’s complaint on trial. This action was brought against the superintendent of school buildings in the city of New York and the ward trustees, to recover damages for injuries sustained by plaintiff from falling into an opening leading to the cellar of a school building in said city, the grating to which had been negligently left…
1Opinion of the CourtAndrews, J.
This action is brought to recover for the same injury for which the action was brought by the plaintiff against the Board of Education of the city of New York, just decided. The defendant Stagg was superintendent of school buildings, under the appointment of the board, and the other defendants were ward trustees of schools, in the ward where the school premises were located, in which the excavation was, into which the plaintiff fell.
The alleged negligence was the Having of this excavation uncovered and unprotected. The general facts, and the provisions of the statutes defining the powers _and…
2Cited by13 opinions
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
- Laird v. BertheloteMontana Supreme Court · 1922
- Wahrman v. . Board of EducationNew York Court of Appeals · 1907
- Morrison v. FisherWisconsin Supreme Court · 1915
- City of Duluth v. RossSupreme Court of Minnesota · 1918
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