Congreve v. . Smith
New York Court of Appeals
Appeal from the Superior Court of New York city. The action was brought to recover damages for a personal injury, sustained by the breaking of a flagstone forming part of the side-walk adjoining a building and lot of the defendants, in the city of New York, and the plaintiff, who was a young child, being thereby precipitated into the area beneath.
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Appeal from the Superior Court of New York city. The action was brought to recover damages for a personal injury, sustained by the breaking of a flagstone forming part of the side-walk adjoining a building and lot of the defendants, in the city of New York, and the plaintiff, who was a young child, being thereby precipitated into the area beneath. On the trial before the late Chief Justice Oaklet the following facts appeared: The building extended.to the line of the lot on Thirty-first-street, and the flagstone and area were within the limits of the street. It appeared that one Houghey…
1Opinion of the CourtStrong, J.
The verdict of the jury, under the instructions given them by the court, involves the finding that the stone covering the area was unsuitable and unsafe for that purpose, wherefore it broke, and the plaintiff received the injury in question.
The area was under the surface of the public street, and was maintained for the benefit of the property of the defendants, and the stone was placed over it under contractors with the defendants for the completion of the defendants' building, in pursuance of the contract. No license from the city for the area was proved.
It certainly is just that persons…
2Cases cited1 opinion
- Connah v. HaleNew York Supreme Court · 1840
3Cited by94 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Balsam v. Delma Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Irvine v. . WoodNew York Court of Appeals · 1872
- Nickelsburg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
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