Doyle v. Mulren
The Superior Court of New York City
Appeal from a judgment. This action was brought by Bridget Doyle against .Michael Mulren, to recover damages for injuries sustained by .plaintiff from falling into an excavation.
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Appeal from a judgment. This action was brought by Bridget Doyle against .Michael Mulren, to recover damages for injuries sustained by .plaintiff from falling into an excavation. The complaint, omitting such portions as are not necessary for the decision of the cause, was as follows : “Bridget Doyle, the plaintiff in this action, respectfully shows to this honorable court, that on or about the second day of November, 1867, at the city of New York, Michael Mulren, the defendant, had caused certain excavations to be made on' the lot and sidewalk fronting the same, situated on the west side of…
1Opinion of the Court
Jones J.
One who, by an erection made by himself in a public highway, renders an excavation made on adjoining property by the owner thereof or his authority, more dangerous to those lawfully using the highway than it otherwise would be, is bound to use proper and reasonable precautions to protect those so using the highway from sustaining injury by falling (without negligence on their part), into the excavation, thus rendered more dangerous.
A violation of this duty by the negligent omission of such precautions, subjects the violator to liability for damages at the suit of one who thereby,…
2Cases cited2 opinions
- Rome Bank v. EamesNew York Court of Appeals · 1864
- Matter of the Application of FerrisNew York Court of Appeals · 1866