Legal Opinion
Babcock v. Fitzpatrick
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1927PublishedCited by 13 opinions
1Opinion of the CourtHinman, J.
The action was brought to recover damages for personal injuries sustained by the infant plaintiff as the result of an alleged attractive nuisance maintained by the defendants. On or about December 7, 1924, and for sometime previously, defendants were engaged as contractors in the laying of a new water pipe line for the water supply of the village of Whitehall, N. Y. In excavating for a trench in which to lay such pipe line through a swamp and across a road in the outskirts of the village, it became necessary for the defendants to use dynamite on several occasions. Near the place where the…
2Cases cited4 opinions
- Horan v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1914
- Perry v. . Rochester Lime Co.New York Court of Appeals · 1916
- Hall v. . New York Telephone Co.New York Court of Appeals · 1915
- Beickert v. G. M. Laboratories, Inc.New York Court of Appeals · 1926
3Cited by13 opinions
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- Morse v. Buffalo Tank Corp.New York Court of Appeals · 1939
- Ranney v. Habern Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1953
- Di Biase v. Ewart & Lake, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- American Mut. Liability Ins. v. Buckley & Co.Court of Appeals for the Third Circuit · 1941
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