Rider v. City of Mt. Vernon
New York Supreme Court
Appeal from circuit court, Westchester county. Action by William W. Rider against the city of Mt. Vernon and John Borgwald for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal.
1Opinion of the CourtBrown, P. J.
The plaintiff was injured by the upsetting of his wagon while driving on one of the public streets of the city of Mt. Vernon on the night of August 6, 1893. The accident was caused by driving upon a heap of sand which had been deposited in the street by the defendant Borgwald, who, as a contractor, was erecting a building upon land adjoining the street. The testimony was ample to establish the negligence of the defendants, and the freedom from negligence of the plaintiff. The charter of the city-(Laws 1892, e. 182, § 164), provides as follows:
“All claims against the city tor injuries to the…
2Cases cited2 opinions
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Olmstead v. Town of Pound RidgeNew York Supreme Court · 1893
3Cited by1 opinion
- Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903