Wolf v. . Kilpatrick
New York Court of Appeals
Appeal by defendants, Walter F. and Frank J. Kilpatrick, from a judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 9,1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
Read the full summary
Appeal by defendants, Walter F. and Frank J. Kilpatrick, from a judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 9,1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries sustained by plaintiff, who, in passing over the sidewalk in front of premises owned by the appellants in the city of New York, stepped upon the cover of a coal-hole opening into vaults under the sidewalk. The stone supporting the cover had been broken, and in…
1Opinion of the CourtFinch, J.
The defendants who appeal were shown to be the owners of premises which had vaults for the storage of coal extending under the .sidewalk. The plaintiff was in jured by a defect in the stone supporting the cover of the opening which arose while such premises were in the occupation of one Macpherson and others who were tenants having entire control of the premises.- The defect was not one of original construction, but occurred through the act and interference of third persons engaged in building the elevated railway, and who broke the stone supporting the iron cover so that it turned under…
2Cases cited6 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Clifford v. . DamNew York Court of Appeals · 1880
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Davenport v. . RuckmanNew York Court of Appeals · 1868
- Clancy v. . ByrneNew York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Babbage v. . PowersNew York Court of Appeals · 1891
37 more not listed; retrieve them via the Exa API.