Healy v. Vorndran
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Healy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 29th day of March, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 4th day of April, 1901, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action is brought to recover damages for personal injuries averred to have been sustained by the plaintiff by reason of the *354negligence of the defendant in leaving unguarded a hole or excavation on her premises contiguous to the street. The complaint avers that the negligence consisted, briefly stated, in the defendant’s failure to fence, enclose or protect a piece of land belonging to her on the southerly side of One Hundred and Forty-seventh street, in the city of Hew York, and to properly enclose, protect and fence a crib, crate or structure or arrangement made of boards,…
2Cases cited3 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Thompson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- Collins v. DeckerAppellate Division of the Supreme Court of the State of New York · 1907
- Kelly v. Sabin Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
- Bennett v. Town of KentNew York Supreme Court · 1924
- McHollan v. Farcote Realty Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Carroll v. StateNew York Court of Claims · 1911