Fisher v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of Mount Vernon, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 18th day of. March, 1899, upon the verdict of a jury for $2,000, and also from an order, bearing date the 1st day of April, 1899, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff, while riding in a hack, at the invitation of the driver, through Stevens avenue, in the city of Mount Vernon, was injured by the collision of the top of the carriage with a telephone pole which projected from the sidewalk out over the driveway..
The foot of this telephone pole stood about eight inches within the curb line at that time. It is conceded that at some height above the pavement the pole overhung the carriageway. According to the plaintiff’s witnesses the carriage struck it at a height of seven or seven and a half feet above the surface of the…
2Cases cited6 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Grove v. City of Fort WayneIndiana Supreme Court · 1874
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
- Embler v. . Town of WallkillNew York Court of Appeals · 1892
- Arey v. City of NewtonMassachusetts Supreme Judicial Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rafferty v. StateAppellate Division of the Supreme Court of the State of New York · 1941
- Murphy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1963
- Coatsworth v. Lehigh Valley Railway Co.New York Supreme Court · 1911
- O'Connor v. StateNew York Court of Claims · 1950