Kane v. . City of Yonkers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered ¡November 1, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The proof showed that there was no negligence on the part of the defendant, and the motion for a nonsuit should have been granted.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered ¡November 1, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The proof showed that there was no negligence on the part of the defendant, and the motion for a nonsuit should have been granted. (2 Dillon on Mun. Corp. § 1017; Cusick v. Adams, 115 N. Y. 55; Splittorf v. State, 108 N. Y. 205; Donahue v. State, 112 N. Y. 142.) The…
1Opinion of the CourtO’Brien, J.
The judgment in this case awarded damages to the plaintiff for a personal injury sustained by him in falling through what is known as the Vark street bridge, on the night of December 23d, 1897. This bridge is located at a point where the street intersects the railroad tracks and constitutes the overhead crossing of the railroad for travel from the city or some parts of it to the docks on the Hudson river. The bridge was originally constructed by private parties for their own use and convenience, but the city has, since its erection, assumed such control over and relations to it that under the…
2Cases cited2 opinions
- City of Yonkers v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- City of Yonkers v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Davis v. Charles Shutrump & Sons Co.Ohio Supreme Court · 1942