Parker v. City of Cohoes
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon the report of a referee. There was not the slightest proof of actionable negligence on the part of the defendant, either causing or contributing to the injury.
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Appeal from a judgment in favor of tbe plaintiff, entered upon the report of a referee. There was not the slightest proof of actionable negligence on the part of the defendant, either causing or contributing to the injury. (Gorham v. Gooperstown, 59 N. T., 660; MoGinty v. Mayor of New York, 5 Duer, 674; Shear. & Red. on Neg., § 147.) The defendant, having caused proper and fit barricades to be put up sufficient to prevent attempts to pass, was not responsible for their removal or its consequences. (Doherty v. Waltham, 4 Gray, 596; Stale v. Bangor, 30 Maine, 34.) In order to mate them liable…
1Opinion of the Court
Bockes, J.:
There is no exception in this case, by the appellant, to the referee’s conclusion of law; hence there is no question before the court arising upon his report. (Russell v. Duflon, 4 Lans., 399, 406, 407; Weed v. N. Y. and H. R. R. Co., 29 N. Y., 616; Enos v. Eigenbrodt, 32 id., 444.) Nevertheless, the exceptions taken during the trial and presented by the case, made and settled, are open to examination on the appeal. (The Mayor v. Erben, 24 How., 358, 359; Cowen v. The Village of West Troy, 43 Barb., 48 ; Dainese v. Allen, 45 How., 430.) A motion was made for a nonsuit when the…
2Cases cited4 opinions
- Cowen v. Village of West TroyNew York Supreme Court · 1864
- McGinity v. MayorThe Superior Court of New York City · 1856
- Russell v. DuflonNew York Supreme Court · 1871
- Weed v. . the N.Y. Harlem R.R. Co.New York Court of Appeals · 1864