Brush v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Hew York, 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 15th day of October, 1900, upon the verdict of a jury for $4,500, and also from an order, bearing date the 5th of October, 1900, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. *
1Opinion of the Court
Woodward, J. :
This action was brought by an administratrix to recover damages for the death of her intestate, alleged to be caused through the negligence of the city in permitting a street to be out of repair. On the 23d day of September, 1899, between five and six o’clock in the evening, while it was still light, the plaintiff’s intestate, who was the driver upon an ice wagon, handed the lines to his helper, a man who had driven for twenty or twenty-five years, for the purpose of taking a chew of tobacco. The helper drove down Forty-third street in the borough of Brooklyn and turned into…
2Cases cited5 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
- Morris v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1896
3Cited by3 opinions
- City of Ada v. CriswellSupreme Court of Oklahoma · 1939
- City of Sapulpa v. WilliamsSupreme Court of Oklahoma · 1926
- Dickerman v. WeeksAppellate Division of the Supreme Court of the State of New York · 1905