Sexton v. . Zett
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fifth district, affirming a judgment rendered upon a verdict in favor of the plaintiff. The action was brought to recover damages for a personal in jury,sustained by the plaintiff by falling into a ditch, which the defendant had caused to be dug across the sidewalk of one of the streets in the City of Syracuse. The answer to the complaint was a general denial.
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Appeal from an order of the General Term of the Supreme Court in the fifth district, affirming a judgment rendered upon a verdict in favor of the plaintiff. The action was brought to recover damages for a personal in jury,sustained by the plaintiff by falling into a ditch, which the defendant had caused to be dug across the sidewalk of one of the streets in the City of Syracuse. The answer to the complaint was a general denial. The defendant caused the ditch to be dug from his brewery to and across the sidewalk and into the center of the street, to the depth of from eight to ten feet and some…
1Opinion of the Court
Earl, C.
If upon the trial it had been claimed that the defendant was liable for cutting the ditch across the sidewalk, as a wrong-doer, irrespective of the question of negli gence, then it would have been proper for him to show that he cut the ditch by permission of the proper city authorities. But as it was claimed that he was liable upon the ground of negligence, it was wholly immaterial whether he had the permission of the city authorities or not; and hence the court did not err in excluding proof of the permission. He could have no permission from the city authorities that would shield…
2Cases cited4 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Congreve v. . SmithNew York Court of Appeals · 1858
- Creed v. . HartmannNew York Court of Appeals · 1864
- Congreve v. . MorganNew York Court of Appeals · 1858
3Cited by10 opinions
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
- Boyce v. . Manhattan Railway Co.New York Court of Appeals · 1890
- Kincaid v. Walla Walla Valley Traction Co.Washington Supreme Court · 1910
- Larson v. RingSupreme Court of Minnesota · 1890
- Wolf v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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