Hughes v. City of Auburn
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Margaret Hughes, as administratrix, etc., of Ellen Hughes, deceased, for a new trial made upon a' case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the defendant directed by the court after a trial at the Cayuga Trial Term.
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Motion by the plaintiff, Margaret Hughes, as administratrix, etc., of Ellen Hughes, deceased, for a new trial made upon a' case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the defendant directed by the court after a trial at the Cayuga Trial Term. In Hay, .1881, one Moore was the owner of a lot on the north side of Frances street in the city of Auburn, known as Ho. 7, which is four rods wide east and west on the street and ten rods deep, on which there was a dwelling house: While' Moore: owned this property…
1Opinion of the Court
Adams, J.:
This action was brought under section 1.902 of the Code of Civil Procedure to recover damages for a wrongful act committed by the defendant which, as it is alleged, caused the death of the plaintiff’s daughter, Ellen Hughes.
The gravamen of the complaint is apparently negligence, although its allegations, are doubtless sufficient to sustain an action based upon the existence of a nuisance. But be .this as it may, the act complained of was certainly wrongful,-and, therefore, its further classification is perhaps of minor consequence, the serious question to be considered being whether…
2Cases cited5 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Kavanagh v. . BarberNew York Court of Appeals · 1892
- Kavanagh v. BarberNew York Supreme Court · 1891
3Cited by3 opinions
- Lennon v. City of ButteMontana Supreme Court · 1923
- Schoepflin v. CoffeyAppellate Division of the Supreme Court of the State of New York · 1898
- Babikyan v. J. P. Collins Co.Massachusetts District Court, Appellate Division · 1938