Walsh v. Central New York Telephone & Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant-, tlie Central New York Telephone and Telegraph Company, from a judgment of the Supreme. Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 19th day of November, 1901, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 18th. day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The defendant in the fall of 1900 was engaged in excavating a trench along South Salina street in the city of Syracuse for the purpose of putting in a subway for its wires. The trench was about three feet in depth and two feet across. A manhole had been dug in the street which was nine and one-half feet by about six feet and over six feet in depth. The trench from the north ran into this hole and the brick had been taken out on the south side the width of the trench and in apparent extension of it. The street extends north and south and in the center are the double tracks of the…
2Cases cited8 opinions
- Weed v. . Village of Ballston SpaNew York Court of Appeals · 1879
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Kettle v. . TurlNew York Court of Appeals · 1900
- Snowden v. . Town of SomersetNew York Court of Appeals · 1902
- Donnelly v. . City of RochesterNew York Court of Appeals · 1901
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3Cited by1 opinion
- Annino v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1936