Schafer v. Mayor
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York comity. Action by Edward E. Schafer, as administrator of Franz Schafer, deceased, against the mayor, aldermen, and commonalty of the city of New York. At the close of plaintiff’s evidence his complaint was dismissed, and judgment entered for defendants, from which plaintiff appeals. The facts are stated by Mr. Justice Barrett, as follows:
1DissentBarrett, J.
The defendants claim that the complaint was properly dismissed for the reason that the ground where the accident .occurred was not part of a public street. It appeared, however, that although 127th street between 2d and 1st avenues had not actually been opened, regulated, and graded as required by an act passed as far back as 1881 (chapter 105, Laws 1881), yet the-street between those avenues had for many years prior to the accident been used by the public as an ordinary thoroughfare for vehicles and foot passengers. The street was lined with buildings which were occupied for various…
2Cases cited5 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Chisholm v. . StateNew York Court of Appeals · 1894
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
- Phelps v. City of MankatoSupreme Court of Minnesota · 1877
- Gallagher v. City of St. PaulU.S. Circuit Court for the District of Minnesota · 1886