Ehrgott v. . Mayor, Etc., of City of N.Y.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and granted a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and granted a new trial. The nature of the action and the material facts are stated in the opinion. The corporation of the city, of New -York is charged with the duty of keeping its streets and avenues which are open to public travel in such repair that they may be safely traveled, and where it neglects such duty it is liable for injuries sustained^ through such negligence. {Mayor, etc.,v. Furze, 3 Hill,…
1Opinion of the CourtEarl, J.
This action was commenced to recover damages sustained by the plaintiff from personal injuries received by him in consequence of a defect in a street in the city of Hew York. He recovered a verdict of $25,000, but his judgment was reversed at the General Term, and then he appealed to this court.
The reversal of the General Term, as appears by its opinion, was upon the sole ground that the duty of repairing the street, at the place of the accident, was by law devolved upon the park department and not upon the city. But the learned counsel for the city, in his argument before us, also made other…
2Cases cited15 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
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3Cited by241 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Wagner v. International Railway Co.New York Court of Appeals · 1921
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Battalla v. StateNew York Court of Appeals · 1961
- Workman v. New York CitySupreme Court of the United States · 1900
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