Corcoran v. . Village of Peekskill
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1884, 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 Supreme Court in the second judicial department, entered upon an order made December 9, 1884, 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 for personal injuries sustained by plaintiff from falling into an area in front of a dwelling-house on one of defendant’s streets. ■Plaintiff 'alleged negligence on the part of defendant in allowing the area to remain open and unfenced. It appeared ■that there was a stone wall or…
1Opinion of the CourtEarl, J.
Whether the area was sufficiently guarded so as to protect travelers upon the street from falling into it, was a question of fact for the determination of the jury. It was, however, a close question and therefore the defendant had the right to have it submitted to the jury upon strictly competent evidence. The plaintiff, against the objection of defendant, was permitted to prove that after the accident a fence was built around the area by the owner of the property, which substantially protected travelers against any danger from the same. This evidence we think was incompetent. Such evidence…
2Cases cited2 opinions
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Dale v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1878
3Cited by56 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Klatz v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Motey v. Pickle Marble & Granite Co.Court of Appeals for the Eighth Circuit · 1896
- Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
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