McGinity v. Mayor
The Superior Court of New York City
The action was brought to recover damages for personal injuries sustained by the plaintiff, in consequence of the neglect of the defendants, in not keeping a sidewalk in Prince street in proper repair. It appeared, upon the trial, that in December, 1854, the plaintiff was walking, in the evening, on a sidewalk in Prince street, and, in consequence of a grating, covering a vault, on which he had stepped, giving way or turning over, fell through, and was seriously injured.
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The action was brought to recover damages for personal injuries sustained by the plaintiff, in consequence of the neglect of the defendants, in not keeping a sidewalk in Prince street in proper repair. It appeared, upon the trial, that in December, 1854, the plaintiff was walking, in the evening, on a sidewalk in Prince street, and, in consequence of a grating, covering a vault, on which he had stepped, giving way or turning over, fell through, and was seriously injured. Upon examination, it was found that a chain which had secured the grate was broken, but from what cause, or how long before…
1Opinion of the Court
Duer, J.,
held, that the plaintiff was bound to show affirmatively, that there had been a neglect of duty Tpy the corporation, and that this was not shown merely by proving that the grate was insufficiently fastened at the time of the accident. There was no *675reason to believe, from the evidence, that the grate was improperly constructed, or that the defendants had any notice, or were chargeable with knowledge of its defective state. The chain might have been broken by an act of violence, which, for ought that appeared, may have been committed only a short time before the plaintiff was injured.…
2Cited by9 opinions
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- City of Lafayette v. BloodIndiana Supreme Court · 1872
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