Legal Opinion

De Agramonte v. City of Mount Vernon

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1908PublishedCited by 3 opinions

Appeal by the defendant, The City of Mount Yernon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 31st day of May, 1907, upon the verdict of a jury for $5,500, and also from an order entered in said- clerk’s office on the 4th day of June, 1907, denying the defendant’s motion for a new tried made upon the minutes.

1Opinion of the Court

Gaynor, J.:

We reversed a former judgment for the plaintiff (112 App. Div. 291). This time the case went to the jury on the question whether it was not negligence in the city to allow the-display of the fireworks . in the public park so close to the street where the plaintiff was hit by the fragment of the steel pipe of a bomb which prematurely exploded. She was not a spectator of the exhibition, which Was given by a private .society under a license from the mayor authorized by an ordinance of the common council, and under the superintendence of police officers sent; there, for that purpose,…

2Cases cited2 opinions

  1. De Agramonte v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1906
  2. Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by3 opinions

  1. Gleason v. Hillcrest Golf Course, Inc.City of New York Municipal Court · 1933
  2. Townsley v. StateNew York Court of Claims · 1957
  3. Reider v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1914

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