Legal Opinion

Reilly v. Sicilian Asphalt Paving Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 13 opinions

Appeal by the plaintiff, John F.‘ Reilly, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of September, 1897, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.

1Opinion of the Court

McLaughlin, J.:

The plaintiff, while driving in one of the public streets of the city of New York, sustained a personal injury by his carriage coming in contact or colliding •tfdt.li a pile of sand negligently left unguarded in the roadway by the defendant. His carriage was also damaged at the same time and from the same cause. This action was brought to recover damages for the personal injuries sustained by the plaintiff, and, after issue had been joined, the plaintiff also instituted another action against the defendant in the District Court of the city of New York to recover the damages…

2Cases cited4 opinions

  1. Secor v. . SturgisNew York Court of Appeals · 1858
  2. Perry v. . DickersonNew York Court of Appeals · 1881
  3. Howe v. PeckhamNew York Supreme Court · 1851
  4. Reilly v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1897

3Cited by13 opinions

  1. King v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
  2. Galligan v. Sun Printing & Publishing Ass'nNew York Supreme Court · 1898
  3. Munson v. New York Central & Hudson River RailroadNew York Supreme Court · 1900
  4. Stern v. RichesWisconsin Supreme Court · 1901
  5. Schmidt v. WeyellCity of New York Municipal Court · 1908

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