Hoykendorf v. . Bradley Contracting Co.
New York Court of Appeals
Appeal from a judgment entered January 5,1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered January 5,1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The facts, so far as material, are stated in the opinion. The facts compel the reasonable inference that defendant was negligent. (Derby v. D. M. Contracting Co., 112 App. Div. 234; 188 N. Y. 631;…
1Opinion of the CourtChase, J.
On June 20, 1914, the plaintiff alighted from a west-bound Eighty-sixth street surface car in the city of New York and started in a diagonal course toward the sidewalk. The car had stopped just before reaching the crosswalk on Eighty-sixth street along the east side of Lexington avenue. When the plaintiff had walked one-third of the distance from the car to the sidewalk, and while looking to see if a wagon was coming, she stumbled against a cleat which was nailed to the temporary wooden flooring or roadway used by the defendant in connection with a new subway then under construction by it and…
2Cases cited7 opinions
- Melcher v. . Ocean Accident Guarantee Corp.New York Court of Appeals · 1919
- Terry v. . Village of PerryNew York Court of Appeals · 1910
- Faber v. . City of New YorkNew York Court of Appeals · 1915
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
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3Cited by2 opinions
- Langan v. First Trust & Deposit Co.New York Court of Appeals · 1944
- Hoykendorf v. . Bradley Contracting CompanyNew York Court of Appeals · 1919