Simmons v. . Everson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 9, 1890, which affirmed so much of a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Circuit, as was against the defendants Everson, Fierce and Lynch, and reversed so much as was against the defendant, the City of Syracuse, and as to said defendant granted a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 9, 1890, which affirmed so much of a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Circuit, as was against the defendants Everson, Fierce and Lynch, and reversed so much as was against the defendant, the City of Syracuse, and as to said defendant granted a new trial. This action was brought to recover damages for the death of Myron W. Simmons, plaintiffs’ intestate, which was alleged to have been caused by the defendants’…
1Opinion of the Court
Follett, Ch. J.
It is urged, in behalf of the defendants, that at most this is but a case of several independent acts of negligence committed by each, the joint effect of which caused the accident, and for which they are not jointly liable within the rule laid down in Chipman v. Palmer (77 N. Y. 51).
The case at bar does not belong to the class of actions arising out of acts or omissions which are simply negligent, and while the defendants did not intend by their several acts to commit the injury, their conduct created a public nuisance which is an indictable misdemeanor under the statutes of…
2Cases cited3 opinions
- Irvine v. . WoodNew York Court of Appeals · 1872
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Timlin v. Standard Oil Co.New York Supreme Court · 1889
3Cited by24 opinions
- Hall v. EI Du Pont De Nemours & Co., Inc.District Court, E.D. New York · 1972
- Starcher v. South Penn Oil Co.West Virginia Supreme Court · 1918
- State v. Schenectady Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Butler v. RaffertyNew York Court of Appeals · 2003
- Johnson v. Bryco ArmsDistrict Court, E.D. New York · 2004
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