Farrell v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of. the comity of Queens on the 2d day of December, 190.5, upon the verdict of a jury for $250, and also from an order entered. in paid cleric’s office on -the 29th day of November, 1905, ■ denying the defendant’s motion for a new trial made upon the minutes. .
1Opinion of the Court
Woodward, J.:
The plaintiff, driving a one-hoi'se delivery wagon on Myrtle avenue,'Flushing, was injured by his-horse falling into a hole and throwing him from the'wagon. It appears that it had been raining ■a few days prior to the accident and that the surface of the street had nothing to indicate that there- was any defect. But. when the horse reached the .point where the accident occurred the surface caved in, showing a cavity as large as a barrel. There was some evidence that there had been other cave-ins along the. sewer in this highway,.and that the ,authorities had filled them up as…
2Cited by6 opinions
- Timerson v. StateNew York Court of Claims · 1932
- Valle v. City of New YorkNew York Supreme Court · 1960
- Li Pera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1965
- George Foltis, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1941
- Jones v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1921
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