Kunz v. City of Troy
New York Supreme Court
Appeal from circuit court, Rensselaer county; Stephen L. Mayham, Justice. Action by John B. Kunz, administrator, etc., of George W Kunz, deceased, against the city of «Troy, to recover for the death of plaintiff’s intestate, who was killed by a counter falling on him which was standing on the sidewalk in Federal street, Troy.
Read the full summary
Appeal from circuit court, Rensselaer county; Stephen L. Mayham, Justice. Action by John B. Kunz, administrator, etc., of George W Kunz, deceased, against the city of «Troy, to recover for the death of plaintiff’s intestate, who was killed by a counter falling on him which was standing on the sidewalk in Federal street, Troy. The counter was a bar-counter, such as are used in saloons, and had been placed on the sidewalk by the owner in front of his saloon, leaning against the building. According to plaintiff’s evidence, the boy was at his father’s place of business, near by, on the day of the…
1Opinion of the CourtLearned, P. J.
A man in the employ of one McLaughlin placed on the sidewalk in front of the Laughlin building a counter, leaning it against the building. This was on Tuesday. The counter remained in the same position, without falling, until Saturday afternoon. Then three children, about five or six years old, of whom the plaintiff’s intestate was one, pushed it down. It fell on the plaintiff’s intestate, and he was killed. This action is to recover against the city damages for that death. In the case of Parker v. Cohoes, 74 N. Y. 610, affirming 10 Hun, 584, the city of Cohoes had itself put piles of dirt in…
2Cases cited19 opinions
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- People v. BushCalifornia Supreme Court · 1886
- Battishill v. HumphreysMichigan Supreme Court · 1888
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- People v. DaneMichigan Supreme Court · 1886
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McCloskey v. . BuckleyNew York Court of Appeals · 1918
- Gielen v. City of FlorenceNebraska Supreme Court · 1913