Legal Opinion

Turner v. . City of Newburgh

New York Court of Appeals

Decided April 10, 1888PublishedCited by 129 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 15,1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages for injuries resulting from a fall on a cross-walk of one of the defendant’s streets. The material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 15,1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages for injuries resulting from a fall on a cross-walk of one of the defendant’s streets. The material facts are stated in the opinion. To authorize evidence of consequences not the immediate result of' the injury, they must be such as, in the ordinary course of nature, are reasonably certain to…

1Opinion of the CourtGray, J.

The plaintiff alleged her injuries to have been occasioned by falling upon a street crossing in the city of Yewburgh, during the evening of October "21, 1883. The evidence tended to prove that her fall was due to the presence of a loose stone in the cross-walk.

The first thing we shall consider is whether the case was properly submitted to the jury, and whether those exceptions which were taken to the rulings made by the trial judge, upon the defendant’s requests to charge, and which have been pressed upon our consideration here by the appellant’s counsel, present any errors calling for a…

2Cases cited7 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Storrs v. . the City of UticaNew York Court of Appeals · 1858
  3. Bergmann v. . JonesNew York Court of Appeals · 1883
  4. Platner v. . PlatnerNew York Court of Appeals · 1879
  5. Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884

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3Cited by129 opinions

  1. Sparf v. United StatesSupreme Court of the United States · 1895
  2. Matott v. WardNew York Court of Appeals · 1979
  3. Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
  4. O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
  5. McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889

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