Babbage v. . Powers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of October, 1889, which denied a motion of the plaintiff for a new trial and directed judgment for defendant on a nonsuit granted at Circuit. Action to recover damages for a personal injury to the plaintiff caused, as alleged, by a nuisance maintained by the defendant in a public street.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of October, 1889, which denied a motion of the plaintiff for a new trial and directed judgment for defendant on a nonsuit granted at Circuit. Action to recover damages for a personal injury to the plaintiff caused, as alleged, by a nuisance maintained by the defendant in a public street. The complaint alleged that on the 7th of November, 1885, the defendant being the owner, and, through his tenant, in possession of certain premises situate^on State…
1Opinion of the CourtYaott, J.
The plaintiff does not claim that the defendant was negligent, but seeks to make him hable as a trespasser, upon the ground that the covered excavation in the street had never been authorized or consented to by the municipal authorities.
The law holds those who impair the safety of a public street to a strict liability. Thus in Gongreve v. Smith (18 H. Y. 79), it was said that “ persons who, without special authority, make or continue a covered excavation in a public street or highway, for a private purpose; should be responsible for all injuries to individuals resulting from the street or…
2Cases cited17 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Clifford v. . DamNew York Court of Appeals · 1880
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
12 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- City of Chicago v. Union Stock Yards & Transit Co.Illinois Supreme Court · 1896
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Bender v. WeberSupreme Court of Missouri · 1913
57 more not listed; retrieve them via the Exa API.