Cohen v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 5, 1911, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. A motion for a nonsuit was made at the close of all the evidence.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 5, 1911, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. A motion for a nonsuit was made at the close of all the evidence. Decision on this motion was reserved pending submission of the case to the jury and was finally granted after the latter had failed to agree on a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. A reasonable time had not…
1Opinion of the CourtHiscock, J.
While plaintiff was riding in a carriage at about half-past twelve in the afternoon of October 9, 1903, over one of the roads in Prospect Park in the borough of Brooklyn, the carriage ran into a gully at the side of the road and was tipped over and she was injured, and she has brought this action on the theory that the defendant was guilty of negligence in respect to said defect.
Commencing on. the morning of October 8th and continuing without interruption from that time until after the accident there was a rainfall of very unusual extent in the city of Brooklyn. The result of this amongst…
2Cases cited8 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
- Farley v. . the Mayor, Etc.New York Court of Appeals · 1897
- Sprague v. . City of RochesterNew York Court of Appeals · 1899
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3Cited by13 opinions
- Spiker v. City of OttumwaSupreme Court of Iowa · 1922
- O'CONNOR v. StateNew York Court of Appeals · 1987
- Valentino v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- Prager v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Tromblee v. StateAppellate Division of the Supreme Court of the State of New York · 1976
8 more not listed; retrieve them via the Exa API.