Legal Opinion

Donnelly v. . City of Rochester

New York Court of Appeals

Decided March 26, 1901PublishedCited by 16 opinions

Appeal from a judgment entered December 21,1899, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiffs exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for the defendant. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment entered December 21,1899, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiffs exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for the defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The ordinance was evidence of knowledge on the part of the defendant that an areaway of this character, protected by a barricade of less than three and a half feet in height, was dangerous.…

1Opinion of the CourtCullen, J.

This action is brought to recover damages for the death of the plaintiffs intestate, alleged to have been caused by the negligence of the defendant. In front of the Powers building, on Main street, the principal business street in the city of Eochester, there was an areaway which extended into the street six féet four inches, and was twelve feet three inches below the grade of the sidewalk. The descent from the sidewalk to the level of the area was vertical. The excavation was, at the time of the accident that is the subject of this suit, guarded by a railing two feet and a half high, erected…

2Cases cited3 opinions

  1. Jorgensen v. . SquiresNew York Court of Appeals · 1895
  2. Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
  3. Broadbelt v. LoewAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by16 opinions

  1. Amberg v. . KinleyNew York Court of Appeals · 1915
  2. Salt Lake City v. SchubachUtah Supreme Court · 1945
  3. Perry v. CastnerSupreme Court of Iowa · 1904
  4. Tymon v. M. L. S. Construction Co.New York Court of Appeals · 1933
  5. Kearns v. Mobile L. & R. R.Supreme Court of Alabama · 1916

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