Hubbs v. Schwaneflugel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clarence Hubbs, from a judgment of the County Court of Queens county in favor of the. defendants, entered in the office of the clerk of the county of Queens on the 28th day of February, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of February, 1903, denying the plaintiff’s motion for a new trial made upon the minutes. .
1Opinion of the Court
Hooker, J.:
The plaintiff claims that the defendants were guilty of maintaining a nuisance by authorizing and permitting a trench to remain open across the city sidewalk in front of premises owned by them., The plaintiff fell into this trench and was injured. He appeals from a judgment in favor of the defendants, rendered upon a verdict of no cause of action, and from an order denying his mqtion for a new trial.
The judgment and order must be reversed for the error in permitting evidence of a permission from the city for the opening of the sidewalk. Such permission was not pleaded, and…
2Cases cited4 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Brown v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Brown v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1902
- Holroyd v. SheridanAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Blake v. MeyerAppellate Division of the Supreme Court of the State of New York · 1906