Briel v. City of Buffalo
New York Supreme Court
Appeal from circuit court, Erie county. Action by Lizzie Briel against the city of Buffalo for damages for personal injuries received through the overturning of a carriage, caused by a pile of earth left in the street. From a judgment entered on verdict in favor of plaintiff, and from an order denying a motion for a new trial on the minutes, defendant appeals. Affirmed.
1Opinion of the CourtBradley, J.
After daylight had disappeared in the evening of June 26, 1800, the carriage in which the plaintiff was riding-southerly on Niagara street, in the city of Buffalo, was overturned, and she was injured. The accident was caused by a pile of earth which had been deposited in the street, by the procurement of the owner of the adjacent premises, for the purpose of having it taken onto his lot, upon which some of the earth drawn there had been conveyed by wheelbarrows. The recovery on the former trial was not supported, because it did not then appear that the earth drawn and deposited at that place…
2Cases cited2 opinions
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Breil v. . City of BuffaloNew York Court of Appeals · 1894
3Cited by1 opinion
- Tiller v. City of MonroeLouisiana Court of Appeal · 1927