Melker v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1907, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1907, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The explosion of fireworks described by the evidence constituted a nuisance as matter of law, and it was error for the trial court to refuse so to charge, and to leave the question to the jury. (Elliott on Roads & Streets, § 645; People v. Vanderbilt, 28 N. Y. 396;…
1Opinion of the CourtVann, J.
This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the fault of the defendant. The complaint contains two counts, one alleging negligence, which was not relied upon at the trial, and the other a nuisance, as the ground of recovery. The action involves the liability of the defendant for an explosion of fireworks-on Madison avenue, adjoining Madison square, on the evening of election day, in November, 1902, after the board of aldermen had adopted a resolution suspend ing the ordinances relating to the discharge of fireworks,…
2Cases cited9 opinions
- Heeg v. . LichtNew York Court of Appeals · 1880
- Speir v. . City of BrooklynNew York Court of Appeals · 1893
- Landau v. . City of New YorkNew York Court of Appeals · 1904
- Hundley v. HarrisonSupreme Court of Alabama · 1898
- Windfall Manufacturing Co. v. PattersonIndiana Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Hoffman v. City of BristolSupreme Court of Connecticut · 1931
- Burns Jackson Miller Summit & Spitzer v. LindnerAppellate Division of the Supreme Court of the State of New York · 1982
- Hogle v. H. H. Franklin Manufacturing Co.New York Court of Appeals · 1910
- Herman v. . City of BuffaloNew York Court of Appeals · 1915
66 more not listed; retrieve them via the Exa API.