Heffern v. Village of Harvestraw
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Heffern, as administrator, ete., from a judgment of the Supreme Court- in favor of the defendant The Excelsior Brick Company of Haverstraw, entered in the office of the clerk of the county of Kings on the 9th day of June, 1910, upon the verdict of a jury, and also from' an order entered in said clerk’s office on the 26th day of May, 1910, setting aside the verdict of a jury against the defendant The Village of Haverstraw and denying the…
Read the full summary
Appeal by the plaintiff, William Heffern, as administrator, ete., from a judgment of the Supreme Court- in favor of the defendant The Excelsior Brick Company of Haverstraw, entered in the office of the clerk of the county of Kings on the 9th day of June, 1910, upon the verdict of a jury, and also from' an order entered in said clerk’s office on the 26th day of May, 1910, setting aside the verdict of a jury against the defendant The Village of Haverstraw and denying the plaintiff’s motion to set aside the verdict in favor of the defendant The Excélsior Brick Company of Haverstraw, and also…
1Opinion of the Court
Burr, J. :
On January 8, 1906, Edward Heffern while standing in Rockland street in the village of Haverstraw was killed. In close proximity to the street were deep excavations into which' the earth between these excavations and the line of the street, and also that forming part of the roadbed of the street itself, fell, drawing him down to his death. This action was brought to recover for the pecuniary injury resulting to his next of kin. When originally brought the Excelsior Brick Company, the village of Haverstraw and fourteen individuals were named as parties defendant. As to all of the…
2Cases cited1 opinion
- Johnson v. . City of New YorkNew York Court of Appeals · 1906
3Cited by5 opinions
- Chicago, R. I. & P. Ry. Co. v. AustinSupreme Court of Oklahoma · 1914
- Saulsbury v. BraunAppellate Division of the Supreme Court of the State of New York · 1928
- Frascone v. LouderbackAppellate Division of the Supreme Court of the State of New York · 1912
- Eckler v. Village of IlionNew York Supreme Court · 1931
- Johnson v. Reliance Automobile Co.California Court of Appeal · 1913