Moriarty v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of December, 1908, upon the verdict of a jury for $556, and also from an order entered in said clerk’s office on the 26th day of December, 1908, denying the defendant’s motion for a new trial made upon the minutes. The action is for damages for negligence.
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of December, 1908, upon the verdict of a jury for $556, and also from an order entered in said clerk’s office on the 26th day of December, 1908, denying the defendant’s motion for a new trial made upon the minutes. The action is for damages for negligence. The plaintiff tripped on a loose fragment of stone lying on the sidewalk at a street corner. It was about 18 inches long, 12 wide and 3 or é thick. It was a…
1Opinion of the Court
Gaynor, J. :
The time that the stone was being moved about on the street, two weeks, was ample to base a finding of constructive notice to the city on. It cannot be held, as the learned counsel for the appellant urges, citing the recent case of Orser v. City of New York (193 N. Y. 537) as authority, that every time the stone was shoved 6 inches, or a foot, or 6 feet, to a new position, a new question of constructive notice, dating from that time, arose, and that as there is no evidence to show how long it was on the precise spot where it was when the plaintiff tripped on it, there is no…
2Cases cited1 opinion
- Orser v. . City of New YorkNew York Court of Appeals · 1908
3Cited by2 opinions
- Shirman v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Utah Consol. Mining Co. v. Utah Apex Mining Co.Court of Appeals for the Eighth Circuit · 1922