Duffy v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of June, 1911, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 19th day of June, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Dowling, J.:
John Duffy, a driver in the employ of Owens & Co., resided at No. 325 East Forty-seventh street in the city of New York. At about noon on August 8, 1910, he left his wagon in front of the wagon works at No. 415 East Forty-seventh street to be repaired, and stabling his horses in the adjoining premises (421) went to his home for lunch. Upon his return, as he was walking east and apparently about to turn into the wheelwright’s shop at No. 415, he suddenly fell upon the sidewalk. The only eye-witness to the accident was a boy who at the time *479was about twelve years of age. He…
2Cases cited2 opinions
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
- Schall v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Weldon v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1913