Brady v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeals by the plaintiff, Jennie Brady, as administratrix, etc., and Guiseppe DiOrescenti, as. administrator, etc., in the above-entitled actions, from separate judgments of the Supreme Oourt in favor of the defendants, one entered in the office of the clerk of the county of Kings on the 5th day of May, 1911, upon the dismissal of the complaint as to the defendants the City of .New York and Brooklyn Union Gas Company by direction of the court at the close of…
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Appeals by the plaintiff, Jennie Brady, as administratrix, etc., and Guiseppe DiOrescenti, as. administrator, etc., in the above-entitled actions, from separate judgments of the Supreme Oourt in favor of the defendants, one entered in the office of the clerk of the county of Kings on the 5th day of May, 1911, upon the dismissal of the complaint as to the defendants the City of .New York and Brooklyn Union Gas Company by direction of the court at the close of plaintiffs’-case; the other entered in said clerk’s office on the 8th day of May, 1912, upon a dismissal of the complaint as to the…
1Opinion of the Court
Thomas, J.:
'.The appellants, dismissed when they rested at the trial severally representatives of two persons killed, one a child playing on the street, and the other a workman in an excavation for a sewer in the street, charged culpable negligence against the city of New York and Rodgers and Hagerty, its contractors to make the sewer, as well as the Brooklyn Union Gas Company, whose pipes were suspended in the excavation, but against whom the appeal unquestionably fails. The excavation in Gold street, in width eighteen feet, occupied most of the roadway, while its depth was from forty-five…
2Cases cited19 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
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3Cited by4 opinions
- Armenti v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Backman v. RodgersAppellate Division of the Supreme Court of the State of New York · 1912
- Wetsell v. ReillyAppellate Division of the Supreme Court of the State of New York · 1913
- Tengstrom v. RodgersAppellate Division of the Supreme Court of the State of New York · 1913