Legal Opinion

Robert v. . Powell

New York Court of Appeals

Decided November 12, 1901PublishedCited by 22 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 4, 1899, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term setting aside a verdict in favor' of plaintiff and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The ordinance is constitutional. (Polinsky v. People, 73 N. Y. 65; Met.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 4, 1899, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term setting aside a verdict in favor' of plaintiff and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The ordinance is constitutional. (Polinsky v. People, 73 N. Y. 65; Met. Board of Health v. Heister, 37 N. Y. 661; People ex rel. v. Justices Special Sessions, 7 Hun, 214.) The ordinance makes a stepping stone a…

1Opinion of the Court

O’Brien; J.

The plaintiff in this action sought to recover damages for a personal in jury sustained, as he allegéd, from an unlawful obstruction maintained by the defendant in a public street of the city of Flew York. There is no dispute about the facts in the case. On the night of the 20th of February, 1897, the plaintiff while walking rapidly on Fifty-eighth street crossed the street diagonally from the defendant’s'house in order to take a cab, and stumbled over a stepping stone or carriage block maintained by the defendant in front of the residence Ho. 324 West Fifty-eighth street. The…

2Cases cited2 opinions

  1. Dubois v. . City of KingstonNew York Court of Appeals · 1886
  2. Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899

3Cited by22 opinions

  1. Stern v. International Railway Co.New York Court of Appeals · 1917
  2. Wyatt v. Chesapeake & Potomac Telephone Co.Supreme Court of Virginia · 1932
  3. National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
  4. NAACP v. AcuSport, Inc.District Court, E.D. New York · 2003
  5. Lefebvre's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1924

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