Kelly v. . Doody
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 28, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 28, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages which plaintiff alleges she sustained through the negligence of the defendant’s servants in digging a trench in the sidewalk on Seventeenth street in the city of Brooklyn, and leaving the same without sufficient guard or warning, by reason of which the plaintiff, on the 5th day of April, 1885, and without…
1Opinion of the CourtPotter, J.
From the foregoing statement of the evidence it will be seen, that the plaintiff sought to establish a liability upon the part of the defendant for the damages she had sustained, by disregarding the real and ordinary relations between the parties to this transaction and substituting others somewhat inconsistent. Bush had erected and was the owner of the block embracing five houses or tenements and, as such, had made a contract with one Warren to plumb and connect the same with the water main in the street to furnish the' same with water, and Warren had obtained the proper permit of the…
2Cases cited3 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Knapp v. . SmithNew York Court of Appeals · 1863
- Sweet v. . TuttleNew York Court of Appeals · 1856
3Cited by6 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Mosheuvel v. District of ColumbiaSupreme Court of the United States · 1903
- Downey v. LowAppellate Division of the Supreme Court of the State of New York · 1897
- LeBeau v. Telephone & Telegraph Construction Co.Michigan Supreme Court · 1896
- Rogers v. City of BloomingtonIndiana Court of Appeals · 1898
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