Grant v. City of Brooklyn
New York Supreme Court
PPEAL by the defendant, from a judgment of the city court of Brooklyn. The action was to recover damages for a personal injury occasioned by the negligence of the defendant.
1Opinion of the Court
By the Court, Brown, J.
The case of Hart and Wife v. The City of Brooklyn, (36 Barb. 226,) upon which the defendant relies somewhat, has little analogy with the present. It was an attempt to charge the city for a non-feasance—an omission to keep the grate or cover of a vault in the side-walk in repair, by means whereof Margaretta, the plaintiff, was injured. The vault was a private and not a public vault, constructed by and used for the convenience of the owner of the adjoining lot, and this is one of the uses to which the sidewalks are appropriated. While passing over the street, upon *382the…
2Cases cited1 opinion
- Hart v. City of BrooklynNew York Supreme Court · 1862
3Cited by9 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- Huizega v. Cutler & Savidge Lumber Co.Michigan Supreme Court · 1883
- Ball v. City of IndependenceMissouri Court of Appeals · 1890
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