Wall v. . the Buffalo Water Works Company
New York Court of Appeals
Appeal from the Superior Court of the city of Buffalo. Action to recover damages for an injury sustained by the plaintiff, by falling into an excavation made by the defendant, in a street in Buffalo, in putting down their water pipes.
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Appeal from the Superior Court of the city of Buffalo. Action to recover damages for an injury sustained by the plaintiff, by falling into an excavation made by the defendant, in a street in Buffalo, in putting down their water pipes. The complaint alleged that the ditch was very negligently left open by the defendant, and it stated the injury to the plaintiff as follows: “ That on or about, &c., and about the hour of ten o’clock in the evening of that day, the plaintiff fell into said ditch or trench.. That he so fell into said ditch or trench while walking in Pearl-street, a highway, as he…
1Opinion of the CourtRoosevelt, J.
The water company are sued for alleged negligence in omitting to fence in or light a street excavation in the city of Buffalo, in consequence of which, it being very dark, the plaintiff, as he alleges, fell in and sustained very serious injury. He claimed $5,000 damages. A verdict was found in his favor for $1,000, and judgment rendered for that amount, which the general term of the Buffalo Superior Court, overruling the defendants’ exceptions, affirmed.
It is contended by the company that on the evidence me injury sustained might have arisen from other causes, and that there was no proof that…
2Cases cited1 opinion
- Lawrence v. WilliamsThe Superior Court of New York City · 1853
3Cited by21 opinions
- Buel v. StateWisconsin Supreme Court · 1899
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Livingston v. HammerThe Superior Court of New York City · 1860
- Frasier v. WilliamsSupreme Court of Minnesota · 1870
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