Johnson v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant violated no obligation and omitted no duty which it owed to plaintiff; therefore, as matter of law the defendant was not guilty of negligence. (McDonald v. Degnon-McLean Cont.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant violated no obligation and omitted no duty which it owed to plaintiff; therefore, as matter of law the defendant was not guilty of negligence. (McDonald v. Degnon-McLean Cont. Co., 124 App. Div. 824; Hunt v. Mayor, etc., 109 N. Y. 134; Maginnis v. City of Brooklyn, 16 N. Y. S. R. 760; 126 N. Y. 644; Hart…
1Opinion of the CourtWerner, J.
The plaintiff, a lad of twelve, fell into a trench which the defendant’s contractor had made for the building of a sewer in Cold .street, between Tillary and Johnson streets, in the borough of Brooklyn. He sustained severe injuries, and through his mother as guardian he instituted this suit to recover damages. At Trial Term he recovered a verdict which was sustained by a divided court at the Appellate Division, and the ■defendant has brought its appeal to this court. The case is one which must arouse sympathy even if it cannot bear the test of rigorous legal rules, for the unfortunate…
2Cases cited4 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Weston v. . City of TroyNew York Court of Appeals · 1893
- McGuire v. . SpenceNew York Court of Appeals · 1883
- McGarry v. . LoomisNew York Court of Appeals · 1875
3Cited by20 opinions
- Davis v. Charles Shutrump & Sons Co.Ohio Supreme Court · 1942
- Bosin v. Oak Lodge Sanitary District No. 1Oregon Supreme Court · 1968
- McCombs v. City of AsheboroCourt of Appeals of North Carolina · 1969
- Powell v. LigonSupreme Court of Pennsylvania · 1939
- Robertson v. Rockland Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1919
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