Jennings v. Schaick
New York Court of Appeals
Appeal from a judgment of the New York court of common pleas affirming a judgment of that court entered upon the verdict of a jury in favor of the plaintiff and an. order denying a motion for a new trial. Catherine Jennings brought this action against Henry Tan Schaick for personal injuries sustained by falling into a coal-hole in the sidewalk in front of an apartment house in the city of New York, owned by the defendant.
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Appeal from a judgment of the New York court of common pleas affirming a judgment of that court entered upon the verdict of a jury in favor of the plaintiff and an. order denying a motion for a new trial. Catherine Jennings brought this action against Henry Tan Schaick for personal injuries sustained by falling into a coal-hole in the sidewalk in front of an apartment house in the city of New York, owned by the defendant. The accident, occurred during the delivery of coal to Dannat, a tenant of an apartment, the cover of the coal-hole having been unfastened and removed for that purpose by…
1Opinion of the CourtFinch, J.
The plaintiff fell into an open coal-hole, left uncovered and unguarded in a crowded city street. She had a right to assume the safety of the sidewalk, and so was not called upon to give attention to her steps until in some manner warned of danger. Undoubtedly she knew that vaults and coal-chutes were common under and adjoining the sidewalks, and that through the ordinary openings coal was deposited in such vaults. But she had a right to assume that they were securely covered, or if left open were guarded by some one to give warning, or by the crib or box prescribed by the city ordinance.…
2Cases cited7 opinions
- Vann v. . RouseNew York Court of Appeals · 1884
- Harris v. . PerryNew York Court of Appeals · 1882
- Totten v. . PhippsNew York Court of Appeals · 1873
- Worthington v. ParkerNew York Court of Common Pleas · 1885
- Donnelly v. JenkinsNew York Court of Common Pleas · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fisher v. RankinNew York Supreme Court · 1889
- O'Brien v. GreenbaumNew York Supreme Court · 1889