Tully v. Cranford Co.
Appellate Division of the Supreme Court of the State of New York
Reargument of an- appeal by the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 16th day of March, 1917, in favor of the plaintiff, and also from an order entered on the 28th day of March, 1917, denying its motion for a new trial. (See 181 App. Div. 898.) Judgment and order affirmed on reargument, with costs.
1Dissent
Jenks, P. J. (dissenting):
I dissent. In August, 1914, the defendant, a contractor with the city of New York for building a subway in a city street, lawfully constructed, as incidental to the work, a temporary street surface of wooden planks and beams, so that the thoroughfare was kept open for use of traveler and traffic. Between 7 and 8 a. m. of November 10, 1914, the plaintiff, a traveler, left the curb in his attempt to cross to the opposite sidewalk. As he stepped upon a plank of the sidewalk, the plank rose in ah- and cast him, down to his injury. He has recovered a verdict at Trial Term…
2Cases cited7 opinions
- Hunt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
- Cunningham v. . DadyNew York Court of Appeals · 1908
- Schmidt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
- Matter of Newman v. . NewmanNew York Court of Appeals · 1916
- Ludwig v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1903
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