McGuire v. . Spence
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order ' made February 13, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff in consequence of falling into an open area in the sidewalk in front of plaintiff’s premises. The facts so far as material are stated in the opinion.
1Opinion of the CourtFinch, J.
The plaintiff was injured by falling into an uncovered area in the sidewalk of a street in the city of Brooklyn, fronting upon premises owned by the defendant. She had returned from school, and observing other children playing on the opposite side of the street, crossed over and joined them in their amusement of jumping the"rope, and while so engaged fell into the open area. She was about fourteen years of age; the dangerous hole was visible to one who looked; and the accident happened in the day-time. But the jury found she was not guilty of contributory negligence, and the facts warranted…
2Cases cited3 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- O'Brien v. . Commercial Fire Ins. Co.New York Court of Appeals · 1875
- Stinson v. City of GardinerSupreme Judicial Court of Maine · 1856
3Cited by51 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Mosheuvel v. District of ColumbiaSupreme Court of the United States · 1903
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
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