Creed v. Hartman
The Superior Court of New York City
Exceptions taken at the trial, and there ordered to he first heard at General Term. The plaintiffs, Mary Creed and George A. Creed, husband and wife, bring this action to recover damages for injuries to the wife, caused by her falling into an excavation, on the first of August, 1859, on the sidewalk in Third avenue, between Eorty-seventh and Forty-eighth streets, in the city of Hew York.
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Exceptions taken at the trial, and there ordered to he first heard at General Term. The plaintiffs, Mary Creed and George A. Creed, husband and wife, bring this action to recover damages for injuries to the wife, caused by her falling into an excavation, on the first of August, 1859, on the sidewalk in Third avenue, between Eorty-seventh and Forty-eighth streets, in the city of Hew York. The defence of the defendant George Hartman, is based in part on the facts : that he is a mason; that he and his partner, Eberspacher, contracted with the owner of the lots to do all the mason work, in…
1Opinion of the Court
By the Court—Hoffman, J.
The action was for a personal injury alleged to have been received by the plaintiff from the negligence and fault of the defendant, in not properly securing an excavation, opposite certain houses, for which he was contractor and part owner.
The injury was clearly proven. The plaintiff was exempted by the jury, under a proper charge of the judge to the point, from all negligence on her own part. There is no complaint as to the amount of damages.
A leading ground of defense is, that one Brady, and not the defendant, is responsible for the injury, if any one is so.
The…
2Cases cited1 opinion
- Congreve v. MorganThe Superior Court of New York City · 1856
3Cited by6 opinions
- North Chicago Street Railroad v. CookIllinois Supreme Court · 1893
- Goss v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Wright v. City of Fort HowardWisconsin Supreme Court · 1884
- Reynolds v. ShanksWisconsin Supreme Court · 1868
- Cohn v. GoldmanThe Superior Court of New York City · 1878
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