Legal Opinion

McCann v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 24, 1946PublishedCited by 5 opinions

1Opinion of the Court

Action to recover damages for personal injuries suffered by the infant plaintiff as- a consequence of a fall from a narrow ledge on the outer side of a pedestrian bridge in Highland Park, Borough of Queens. Judgment for the plaintiff reversed on the law and facts, with costs, and complaint dismissed on the law, with costs. No actionable negligence was established by the plaintiff. She suffered injury as a consequence of. going needlessly and recklessly on a portion of the structure at a point where no one had a right to go. The structure itself, was free from any defect so far as construction…

2Cases cited4 opinions

  1. McHugh Et Ux. v. Reading Co.Supreme Court of Pennsylvania · 1943
  2. Oil City & Petroleum Bridge Co. v. JacksonSupreme Court of Pennsylvania · 1886
  3. Panunzio v. StateAppellate Division of the Supreme Court of the State of New York · 1943
  4. Freeman v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by5 opinions

  1. Cruz v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
  2. Meyer v. StateNew York Court of Claims · 1978
  3. Roberts v. ColchesterNew York Supreme Court · 1986
  4. Cruz v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
  5. King v. Rotterdam Shopping Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1964

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