Davenport v. . Ruckman
New York Court of Appeals
This was an action brought to recover damages for injuries sustained by the Plaintiff in falling into an excavation made in the sidewalk of a public avenue in the city of Hew York, and not sufficiently guarded, in front of a building on such avenue, of which the Defendant Euckman had a lease, and of which building he was the owner.
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This was an action brought to recover damages for injuries sustained by the Plaintiff in falling into an excavation made in the sidewalk of a public avenue in the city of Hew York, and not sufficiently guarded, in front of a building on such avenue, of which the Defendant Euckman had a lease, and of which building he was the owner. The excavation in question was a cellar-way, below the level of the pavement, extending on the sidewalk six feet in front of the line or side of the street, with descending steps to a cellar-way in the front wall of a building. It was not covered, or railed in, at…
1Opinion of the Court
Hunt, Ch.J.
The jury have determined in favor of the Plaintiff both the question of the negligence of the Defendants and the absence of negligence on the part of the Plaintiff. There were sufficient facts in evidence to warrant the submission of these questions; and if the legal propositions were properly decided by the Court, the judgment must be affirmed.
It is insisted that, under the circumstances indicated, the corporation of the city of Hew York has been guilty of no negli gence. In other words, it has no such absolute duty laid upon it, of repairing the streets, as to render it subject…
2Cases cited3 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- Renwick v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Ferris v. . the Union Ferry CompanyNew York Court of Appeals · 1867
3Cited by62 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
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