Roe v. Mayor
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Jasper P. Boe against the mayor, aldermen, and commonalty of the city of Yew York to recover for injuries to plaintiff’s horse, caused by the ■alleged negligence of defendants in the care of its streets. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtSedgwick, C. J.
The complaint charged that the horse of the plaintiff slipped and fell upon an iron plate or covering over a gutter, across a certain street, and that the slipping was caused “by reason of the dangerous, negligent, and unskillful construction and maintenance by the defendant of the said iron plate or covering, ” etc. Upon the trial there was testimony upon *448which the jury could have found that the iron covering, when it was first placed over the gutter, was rough on its surface, and furnished a safe foot-place for horses, and that since then the roughness had been worn off until its surface…
2Cases cited3 opinions
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Kaveny v. . the City of TroyNew York Court of Appeals · 1888
- Kinney v. . the City of TroyNew York Court of Appeals · 1888
3Cited by2 opinions
- Lyon v. City of LogansportIndiana Court of Appeals · 1893
- Smith v. City of TacomaWashington Supreme Court · 1908