Roe v. Crimmins
New York Court of Common Pleas
Appeal from city court, general term. Action by William Roe against Thomas 'E. Crimmins to recover damages sustained by plaintiff through the alleged negligence of defendant in maintaining an open and unguarded excavation in Park Row, near Frankfort street, in the city of New York, during the construction of the Third Avenue Cable road. From a judgment of the city court (28 N. Y. Supp. 750) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals.
1Dissent
BISCHOFF, J. (dissenting).
In this action the plaintiff claimed and recovered damages for injuries sustained by reason of his having fallen into an excavation in a public street, the excavation having been made by the defendant, and alleged to have been negligently maintained, in that no barricades surrounded it at the point where the accident occurred. No claim is made that the facts in evidence, assuming that there was a question for the jury, failed to justify a recovery against the defendant, or to support the verdict rendered, the appellant relying upon the exception taken to the denial…
2Cases cited16 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Peil v. . ReinhartNew York Court of Appeals · 1891
- Daley v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1858
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