Moshier v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of New York and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of June, 1919, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the 30th day of June, 1919, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The action is for negligence against the city of New York and its contractor who was building a subway in a city street. The plaintiff complains that when she was walking upon a sidewalk of that street her foot was caught under the edge of a hole in the sidewalk so that she fell to her injury.
At the close of plaintiff’s case each defendant moved to dismiss the plaintiff for her contributory negligence and for her failure to prove negligence. The learned counsel for the plaintiff virtually conceded that the defendant contractor should prevail upon the second ground, but the court…
2Cases cited16 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
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3Cited by13 opinions
- Griffin v. Town of HarrisonNew York Court of Appeals · 1935
- De Pledge v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1924
- Latoni v. City of New YorkNew York Supreme Court · 1958
- Leach v. Town of Eastchester & Eaton Hall, Inc.Appellate Division of the Supreme Court of the State of New York · 1942
- Eger v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1923
8 more not listed; retrieve them via the Exa API.