Congreve v. . Morgan
New York Court of Appeals
Appeal from the Superior Court of New York city. This action was brought to recover damages for a personal injury, arising in the same manner and at the same time as the injury in the case preceding, of David Congreve, against the same defendants. The facts proved at the trial were substantially the same as in that case, with some few omissions and additions not necessaiy to be here noticed.
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Appeal from the Superior Court of New York city. This action was brought to recover damages for a personal injury, arising in the same manner and at the same time as the injury in the case preceding, of David Congreve, against the same defendants. The facts proved at the trial were substantially the same as in that case, with some few omissions and additions not necessaiy to be here noticed. Motions were made for a nonsuit on the same ground as in the other ca'se, which were overruled, and exceptions were taken by the defendants. The judge charged the jury that, under the decision at general…
1Opinion of the CourtStrong, J.
The principles laid down by this court, ir the case of David Congreve, by his guardian, against these defendants, require that the judgment in this case should be affirmed.
It is made a point, on the part of the defendants, in addition to the questions raised in the other case, that although the stone over the area was unsafe for the purpose of a covering, as found by the jury, if it was fractured after it was laid by the wrongful acts of others, and the injury arose from this cause, the defendants would not be liable, at least not without proof that they had notice of its condition and were…
2Cited by36 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- Babbage v. . PowersNew York Court of Appeals · 1891
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