Manney v. Curtis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Grove D. Curtis and another, copartners in business under the firm name of Curtis & Blaisdell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the 'office of 'the clerk óf the 'county of Kings on the 5th day of May-,, 1905, upon the verdict of a jury for $3,200, and also from an order entered in said clerk’s office' on the 4th day of May, 1905, denying .the defendants’. motion for a new trial made upon the minute's. . -
1Opinion of the Court
Hirschberg, P. J.:
The appellant's were engaged in delivering coal on the evening of October 8, 1900, at a building on the northwest corner'of Broadway and Chambers street in the borough of Manhattan. In male-, ing the delivery, their driver had backed a walgon to the curb on the north side of Chambers street, some distance west of the Broadway. line, and had taken the cover from a. coal hole in the sidewalk, through which hole the delivery, was made. The plaintiff was injured by falling into the hole, and his recovery is for damages thereby sustained'. While the main question of negligence…
2Cases cited2 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Davenport v. . RuckmanNew York Court of Appeals · 1868
3Cited by1 opinion
- Shields v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1920