Quigley v. Naughton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bernard Naughton and another, from a judgment of the Supreme Court in favor of the plaintiff and against said defendants (the complaint having been dismissed as to the other defendants), entered in the office of the clerk of the county of New York on the 9tli day of January, 190"4, upon the ■ verdict of a jury for $5,0.00, and also from an order ent.eredin said clerk’s office on the 18tli day of January, 1904, denying the said defendants’ motion for…
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Appeal by the defendants, Bernard Naughton and another, from a judgment of the Supreme Court in favor of the plaintiff and against said defendants (the complaint having been dismissed as to the other defendants), entered in the office of the clerk of the county of New York on the 9tli day of January, 190"4, upon the ■ verdict of a jury for $5,0.00, and also from an order ent.eredin said clerk’s office on the 18tli day of January, 1904, denying the said defendants’ motion for á new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for personal injuries-alleged to have been sustained by the plaintiff on the 4th of November, 1899, while driving on Amsterdam avenue at or near One-Hundred and Seventy-sixth street in the city of New York. .
The allegation Of the complaint upon which the right- (b recover was predicated was to the effect that at the time and place named, -the plaintiff was struck on the head by a piece of rock' thrown by a. blast put off in an excavation which was being made in Amsterdam avenue by the appellants.
*477The action was originally brought…
2Cases cited2 opinions
- In Re the Estate of HarriotNew York Court of Appeals · 1895
- Colvin v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Dodds v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1920
- Austin v. NewtonCalifornia Court of Appeal · 1920
- Neilson v. HouleCalifornia Supreme Court · 1927
- Jones v. Union Pacific RailroadNebraska Supreme Court · 1942
- Osgood v. City of San DiegoCalifornia Court of Appeal · 1936
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