Gubasko v. City of New York
New York Court of Common Pleas
Appeal from trial term, H. W. Bookstaver, Judge. Action by Andreas Gubasko against the mayor, aldermen, and commonalty of the city of Mew York for damages for personal injuries caused by the falling upon plaintiff of a tree which stood on a public, street in the city. The complaint having been dismissed on the first trial, the general term reversed the judgment; and upon the second trial the verdict was in favor of defendant.
Read the full summary
Appeal from trial term, H. W. Bookstaver, Judge. Action by Andreas Gubasko against the mayor, aldermen, and commonalty of the city of Mew York for damages for personal injuries caused by the falling upon plaintiff of a tree which stood on a public, street in the city. The complaint having been dismissed on the first trial, the general term reversed the judgment; and upon the second trial the verdict was in favor of defendant. From the judgment on this vérdict, and the order denying a new trial, the plaintiff again appeals.
1Opinion of the CourtAllen, J.
This is an action for damages for personal injuries caused by the falling upon the plaintiff of a tree in front of the premises Mo. 12 Greenwich street, in the city of Mew York, on April 1, 1882. The tree was an ailantus, the top of which had been cut off, about six years before the accident, by the Elevated Railroad Company, so as to allow the track to be laid over it. It had a hole in it, about the size of which the witnesses do not agree. The cause of the falling of the tree was a blow from a heavy truck which was being driven through Greenwich street. After the tree fell, the interior was…
2Cases cited1 opinion
- Gubasko v. Mayor of New YorkNew York Court of Common Pleas · 1883
3Cited by4 opinions
- City of Montgomery v. QuinnSupreme Court of Alabama · 1944
- Jones v. City of GreensboroSupreme Court of North Carolina · 1899
- Estate of Spreckels, Superior Court of California, County of San Francisco1910
- King v. Village of TullyAppellate Division of the Supreme Court of the State of New York · 1939