Kronold v. . City of New York
New York Court of Appeals
Appeal, by permission, from a judgment entered upon an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 21,1904, which affirmed an order of the court at a Trial Term denying plaintiff’s motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment entered upon an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 21,1904, which affirmed an order of the court at a Trial Term denying plaintiff’s motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Paintiff’s earnings depended entirely on his personal services and individual ability, and did not proceed from an investment of capital; proof, therefore, of the amount of his earnings before and after the accident was competent and material, to lay…
1Opinion of the CourtWerner, J.
This action was brought to recover damages for personal injuries sustained by the plaintiff, and alleged to have been caused by the negligent failure of the defendant to keep in proper repair a crosswalk at the intersection of Elm and Walker streets in the borough of Manhattan. For the purposes of this discussion we may assume, although we do not decide, that the defendant’s alleged negligence and the plaintiff’s freedom from contributory negligence were sufficiently established to present questions of fact to be disposed of by a jury, and we shall confine our discussion to the single…
2Cases cited7 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Thomas v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Marks v. Long Island RailroadNew York Court of Common Pleas · 1886
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3Cited by23 opinions
- Steitz v. GiffordNew York Court of Appeals · 1939
- Walsh v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
- Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
- Umphrey Ex Rel. Umphrey v. DeeryNorth Dakota Supreme Court · 1951
- Banker's Trust Co. v. SteenburnNew York Supreme Court · 1978
18 more not listed; retrieve them via the Exa API.