Kirkpatrick v. Briggs
New York Supreme Court
Appeal from circuit court, Monroe county. Action by David J. Kirkpatrick against James E. Briggs for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes of the court, defendant appeals.
1Opinion of the CourtHaight, J.
This action was brought to recover damages for personal injuries. It is claimed that on the 6th day of January, 1892, the plaintiff was walking along the south sidewalk of Central avenue, in the city of Rochester, in front of the Brackett House;, that it was storming heavily at the time, and he had his umbrella up; that the defendant’s basement extended under the sidewalk,, through which there was an opening covered by trapdoors; that at the time one of the doors was open, and lying over flat upon the sidewalk; that the plaintiff, in passing along the walk, stepped into the opening, receiving…
2Cases cited1 opinion
- Davis v. . GallagherNew York Court of Appeals · 1891
3Cited by2 opinions
- Indianapolis Street Railway Co. v. TaylorIndiana Supreme Court · 1905
- Indianapolis Street Railway Co. v. WhitakerIndiana Supreme Court · 1903