Monk v. . Town of New Utrecht
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 18, 1885, which reversed a judgment entered upon an order in favor of defendant, dismissing the complaint after verdict, and which directed a judgment in favor of plaintiff on the verdict.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 18, 1885, which reversed a judgment entered upon an order in favor of defendant, dismissing the complaint after verdict, and which directed a judgment in favor of plaintiff on the verdict. This action was brought under chapter 700, Laws of 1881, to recover damages for personal injuries received in falling down an embankment of Eighty-sixth street, in the town of New Utrecht, which the complaint alleged had been negligently left by the commissioners of the town…
1Opinion of the Court
Ruger, Ch. J.
This action was brought to recover damages occasioned to the plaintiff, by falling down a slope or declivity, adjoining the road known as Eighty-sixth street, in the town of New Utrecht, Kings county.
This slope descended from the northerly exterior line of the sidewalk thirty feet, at an angle ■ of about thirty degrees, and was intercepted near the middle, by a fence running parallel with the road. The road was built about the year 1874, and was laid out with a roadbed sixty feet wide, flanked on either side by sidewalks eleven feet wide, raised about one foot above the level of…
2Cases cited6 opinions
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- Hines v. . the City of LockportNew York Court of Appeals · 1872
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
- Garlinghouse v. . JacobsNew York Court of Appeals · 1864
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3Cited by30 opinions
- State v. District Ct. of Fourteenth Jud. Dist.Montana Supreme Court · 1977
- Bush v. . D., L. W.R.R. Co.New York Court of Appeals · 1901
- Snowden v. . Town of SomersetNew York Court of Appeals · 1902
- Mayor City Coun., Cumberland v. TurneyCourt of Appeals of Maryland · 1939
- Rodak v. FuryAppellate Division of the Supreme Court of the State of New York · 1969
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