Buckley v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the lltli day of February, 1909, upon the verdict of a jury for §650, and also from an order entered in said clerk’s office on the 8th day of February, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
Appeal from a judgment for plaintiff for damages for personal injuries.
The plaintiff was the driver of a newspaper delivery wagon. Shortly after four o’clock a. m., of March 24, 1906, he was driving very fast up the Bowery carrying a load of newspapers from the general post office to the Grand Central station. Fifty feet south of Houston street an excavation had been made in the roadway by a licensed plumber under a permit issued by the street department. The excavation was for the purpose of repairing a break in a sewer. It ran north and south, was three feet wide, and about ten…
2Cases cited3 opinions
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Godfrey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- McFeeters v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Metzroth v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1925
- Suchovalsky v. City of New YorkAppellate Terms of the Supreme Court of New York · 1911