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