Gibney v. Rodgers & Hagerty, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rodgers & Hagerty, Incorporated, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of April, 1913, upon the verdict of a jury for $1,100, and also from an order entered in said clerk’s office on the 29th day of April, 1913, denying appellant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Rodgers & Hagerty, Incorporated, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of April, 1913, upon the verdict of a jury for $1,100, and also from an order entered in said clerk’s office on the 29th day of April, 1913, denying appellant’s motion for a new trial made upon the minutes. The action was for damages to plaintiff’s person and to his horses and truck. The city of New York had acquired certain premises for the approach to the Manhattan bridge, and the appellant had…
1Opinion of the Court
Hotchkiss, J.:
It seems to me clear that defendants were not liable. They had the right to rely on the prudence and observation, in the course of the work, of those whose relations thereto preceded theirs, and which relations necessarily called for a reasonable degree of care. (Young v. Mason Stable Co., 193 N. Y. 188.) There was nothing intrinsically dangerous in the apparent conditions, nor anything to suggest the necessity of extraordinary care. They were not called upon to drill for a solid ■bottom, or to make any further investigation concerning the safety of the situation into which they…
2Cases cited2 opinions
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Young v. . Mason Stable Co.New York Court of Appeals · 1908
3Cited by1 opinion
- Wanamaker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921