Rogers v. City of Binghamton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Dorothy Louise Rogers, an infant, by John B. Rogers, her guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 12th day of January, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Broome Trial Term, and also from an order entered in said clerk’s office on the 8th day of January, 1904, denying the plaintiff’s motion…
Read the full summary
Appeal by the plaintiff, Dorothy Louise Rogers, an infant, by John B. Rogers, her guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 12th day of January, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Broome Trial Term, and also from an order entered in said clerk’s office on the 8th day of January, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Chester, J.:
The action is for damages for personal injuries received by the plaintiff as she was crossing, a sidewalk on Main street in the city •of Binghamton, by being run over by an unknown bicyclist who was riding his wheel on the sidewalk on that street. The plaintiff ■at the time of the injury was a little girl two and One-half years of' age. The contentions in her behalf are that the riding of bicycles upon the sidewalk at the place in question constituted a nuisance; that the defendant was clothed by statute with power, and that it was its duty, to abate the same and to regulate the…
2Cases cited4 opinions
- Speir v. . City of BrooklynNew York Court of Appeals · 1893
- Griffin v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1854
- Cain v. . the City of SyracuseNew York Court of Appeals · 1884
- Howard v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Green v. City of MechanicvilleNew York Court of Appeals · 1935