Davenport v. Ruckman
The Superior Court of New York City
Appeal from a judgment. This was an action brought by Olara A. Davenport against Elisha Ruckman, and the mayor, aldermen, and commonalty ■of the city of New York, 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 New York, and not sufficiently guarded, in front of a building on such avenue, of which the defendant Buckman had a lease.
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Appeal from a judgment. This was an action brought by Olara A. Davenport against Elisha Ruckman, and the mayor, aldermen, and commonalty ■of the city of New York, 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 New York, and not sufficiently guarded, in front of a building on such avenue, of which the defendant Buckman had a lease. The excavation in question was an area or 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…
1Opinion of the Court
By the Court.*—Robertson, J.
The grounds of liability of the defendants are so different as to require a separate examination.
As regards the Corporation of the city of New York, it has been fully established in this court that they were liable to keep the streets in repair, as a municipal body, to whom certain franchises were given by their charter (Hutson a. Mayor, &c., of N. Y., 5 Sandf., 289), and therefore responsible for injury caused by their failure. Every objection to their liability was fully urged in the dissenting opinions then given, and yet the court of highest resort, on an…
2Cases cited18 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hartfield v. RoperNew York Supreme Court · 1839
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Congreve v. . SmithNew York Court of Appeals · 1858
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3Cited by4 opinions
- Irvine v. . WoodNew York Court of Appeals · 1872
- Fisher v. ThirkellMichigan Supreme Court · 1870
- Robbins v. MountThe Superior Court of New York City · 1867
- Rector v. PierceNew York Supreme Court · 1874