Legal Opinion

Francis v. Gaffey

New York Court of Appeals

Decided April 14, 1914PublishedCited by 6 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 26, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The placing of two or three stones in a public highway in the country for the purpose of blocking a wagon so that it will not run down hill is a lawful act and is not a nuisance.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 26, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The placing of two or three stones in a public highway in the country for the purpose of blocking a wagon so that it will not run down hill is a lawful act and is not a nuisance. (Hayes v. Brooklyn Heights R. R. Co., 200 N. Y. 183; Dickinson v. Mayor, etc., 92 N. Y. 584; Melker v. City of New York, 190 N. Y.…

1Opinion of the Court

Willard Bartlett, Ch. J.

The plaintiff, while riding on his motorcycle at a speed of twenty-five to twenty-eight miles an hour, struck a loose stone as big as his head lying in a country highway and was injured. There were a number of stones of like size at the place of the accident, variously estimated by the plaintiff’s witnesses at from

2Cited by6 opinions

  1. Payne v. City of New YorkNew York Court of Appeals · 1938
  2. Chandler v. FORSYTH ROYAL CROWN BOTTLING COMPANYSupreme Court of North Carolina · 1962
  3. Salsbury v. United Parcel Service Inc.City of New York Municipal Court · 1953
  4. Kesten v. Einhorn & Singer Development Corp.Appellate Division of the Supreme Court of the State of New York · 1931
  5. Miller v. GonzalezCity of New York Municipal Court · 1956

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