Platz v. . the City of Cohoes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 25, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The material facts are stated in the opinion.
1Opinion of the CourtDanfobth, J.
The defendant made an excavation in one of its public streets, and neither removing or leveling the earth taken therefrom, left it in the way. While the respondent was riding with her husband, the carriage in which they were was, without carelessness on the part of either, upset by the pile of earth, and she was injured. That the street was defective through the culpable omission of duty on the part of the defendant is not denied, but the accident happened on Sunday, and the learned counsel for the appellant claims that it owed no duty to the plaintiff to keep its streets in repair on that…
2Cases cited8 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Merritt v. . EarleNew York Court of Appeals · 1864
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
- Smith v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Barker v. KallashNew York Court of Appeals · 1984
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
- Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
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