Fithian v. Degnon Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Degnon Contracting Company, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of May, 1916, affirming a judgment of the City Court of the City of New York in plaintiff’s favor.
1Opinion of the Court
Davis, J.:
In the City Court the plaintiff recovered a judgment for $990.88 as damages for personal injuries. On appeal to the Appellate Term this judgment was affirmed and the defendant now appeals by permission of this court. •
The plaintiff alleges in her complaint that on the 22d day July, 1914, at five p. M. while she was crossing Broadway at the southwest corner of Park place going to the southeast corner of Mail street and Broadway, she stepped upon a plank which was entirely loose, that it sank below the next plank so that her left foot caught under the next plank, throwing her to her…
2Cases cited1 opinion
- Carr v. Degnon Contracting Co.Appellate Terms of the Supreme Court of New York · 1905
3Cited by3 opinions
- Schmidt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
- Cabezudo v. New York's Eldorado, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Brown v. . German Rock Asphalt Co.New York Court of Appeals · 1923