Griffin v. . the Mayor, C., of New-York
New York Court of Appeals
Appeal from a judgment of the superior court, complaint alleges that the defendants are a corporation, invested with certain municipal duties, and among other things are bound to keep the streets and highways free from impediments and obstructions, and in good traveling condition ; that in the neglect of this duty before and at the time when, &c., they suffered a large quantity of dust and rubbish to remain upon the carriage way in Chambers-street, whereby the plaintiff, who…
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Appeal from a judgment of the superior court, complaint alleges that the defendants are a corporation, invested with certain municipal duties, and among other things are bound to keep the streets and highways free from impediments and obstructions, and in good traveling condition ; that in the neglect of this duty before and at the time when, &c., they suffered a large quantity of dust and rubbish to remain upon the carriage way in Chambers-street, whereby the plaintiff, who was passing through that street in his wagon on the 14th of September, 1849, was accidentally driven against the…
1Opinion of the Court
In the case of Hutson and wife v. The Mayor, c., ofNew-York (supra, p. 163), we decided, at the last term, that the corporation of the city of New-York were liable for injuries sustained by a passenger, in consequence of a street being out of repair. In that case an excavation had been made in the Fourth Avenue by the Harlem Railroad Company, by constructing the track of their road upon it, pursuant to an act of the legislature, and with the assent of the common council. In doing this, a deep excavation had been made in the traveled part of the street, leaving only a narrow space for passage,…
2Cited by29 opinions
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- O'Donnell v. . City of SyracuseNew York Court of Appeals · 1906
- City of Lafayette v. TimberlakeIndiana Supreme Court · 1882
- Riest v. City of GoshenIndiana Supreme Court · 1873
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