Johnson v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 9, 1906, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts so, far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 9, 1906, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts so, far as material, are stated in the opinion. The action of the board of aldermen in adopting the resolution or ordinance under which a portion of the Soutliside boulevard was set aside fqr tlie automobile speed trials did not create a nuisance per se, and the court erred in declining to…
1Opinion of the Court
Cullen, Ch. J.
This action was brought to recover damages for personal injuries suffered by the plaintiff by being struck by an automobile while witnessing a speed test or race of the machines in a public highway in the borough of Richmond, city of New York. The highway, which was in an outlying part of the city and known as the Southside boulevard, had been used as a resort for fast driving for a number of years. The race or speed contest was conducted by sending the automobiles, one at a time, over a measured distance on the highway. It was held under the assumed authority of the following…
2Cases cited7 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Guille v. SwanNew York Supreme Court · 1822
- McGuire v. . SpenceNew York Court of Appeals · 1883
- Landau v. . City of New YorkNew York Court of Appeals · 1904
- Platz v. . the City of CohoesNew York Court of Appeals · 1882
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3Cited by24 opinions
- Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
- Hook v. Lakeside Park CompanySupreme Court of Colorado · 1960
- Moore v. City of BloomingtonIndiana Court of Appeals · 1911
- Saari v. StateNew York Court of Claims · 1953
- Frazure v. RucklesIndiana Court of Appeals · 1916
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