Hoykendorf v. Bradley Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment of the Supreme Court in favor of the plaintiff) entered in the New York county clerk’s office January 31, 1917, upon the verdict of a jury, and also from an order entered denying a motion for a new trial.
1Opinion of the Court
Scott, J.:
The plaintiff seeks to recover damages for injuries resulting from a fall caused, as it is said, by a defect in the plank pavement covering an excavation in a street rendered necessary by the construction of the Rapid Transit railroad in the city of New York. The parties, by consent, left the question of the defendant’s negligence and of plaintiff’s contributory negligence to the court, submitting to the jury only the amount of the damages. After deliberation the court directed a verdict to be entered for the plaintiff thus necessarily holding that the defendant had been guilty of…
2Cases cited2 opinions
- Derby v. Degnon-McLean Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Derby v. . Degnon-Mclean Contracting CompanyNew York Court of Appeals · 1907
3Cited by1 opinion
- Hoykendorf v. . Bradley Contracting Co.New York Court of Appeals · 1919