Congreve v. Morgan
The Superior Court of New York City
The action was brought to recover damages against the defendants, as the landlords and owners in fee of a certain lot of land and dwelling house, and its appurtenances, in the city of New York, for a personal injury alleged to have been sustained by the plaintiff, from the negligence of the defendants, as such landlords and owners, in the erection or construction of a flag stone on the sidewalk of the premises. The answer denied the negligence charged.
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The action was brought to recover damages against the defendants, as the landlords and owners in fee of a certain lot of land and dwelling house, and its appurtenances, in the city of New York, for a personal injury alleged to have been sustained by the plaintiff, from the negligence of the defendants, as such landlords and owners, in the erection or construction of a flag stone on the sidewalk of the premises. The answer denied the negligence charged. The cause was tried before the Chief Justice and a jury, in October, 1855, and the jury rendered a verdict for the plaintiff for $650. The…
1Opinion of the CourtBy the Court. Woodruff, J.
It appears, by the admissions in the pleadings herein—by the defendants’ admission, on the trial, and by the written contract, given in evidence on behalf of the defendants—that the defendants are owners of the house and lot situated on the north-east corner of Thirty-first street and the Sixth avenue, in the city of New York; that they purchased the same when the house was in progress of erection, and proceeded to finish it, and, for that purpose, entered into a contract with W. B. & R. Barton, for the performance of the work, requisite to its completion, according to plans referred to in,…
2Cited by13 opinions
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- Kenyon v. City of IndianapolisIndiana Superior Court · 1872
- Wendell v. Mayor of TroyNew York Supreme Court · 1862
- Norton v. E. WiswallNew York Supreme Court · 1858
- Staldter v. City of HuntingtonIndiana Supreme Court · 1899
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