Hume v. Mayor, Aldermen & Commonalty
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict and granting a new trial. (Reported below, 9 Hun, 674; reported on a former appeal, 47 N. Y., 635.) This action was to recover damages for injuries sustained by the falling of a portion of a wooden awning, erected on the corner of Fourth avenue and One Hundred and Twenty-fifth street, in the city of New York.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict and granting a new trial. (Reported below, 9 Hun, 674; reported on a former appeal, 47 N. Y., 635.) This action was to recover damages for injuries sustained by the falling of a portion of a wooden awning, erected on the corner of Fourth avenue and One Hundred and Twenty-fifth street, in the city of New York. The awning was erected by the tenant' of the building about the month of June, 1860. The injury was occasioned to the plaintiff…
1Opinion of the CourtRapallo, J.
In addition to their general verdict, the jury found specially two propositions of fact which were submitted to them by the court, viz : First. That the awning by which the plaintiff was injured was visibly and obviously constructed in such a defective and negligent manner as to endanger the safety of persons having occasion to use the streets over which it was situated, and the injury to the plaintiff was caused by such defective and negligent manner of construction; and secondly. That the awning so constructed had existed for such a length of time that the defendant had notice of its…
2Cases cited7 opinions
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Hewison v. City of New HavenSupreme Court of Connecticut · 1867
- Hutson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1853
- Wendell v. Mayor of TroyNew York Supreme Court · 1862
- Jones v. City of BostonMassachusetts Supreme Judicial Court · 1870
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3Cited by38 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Hoey v. . GilroyNew York Court of Appeals · 1891
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Wisconsin Telephone Co. v. City of OshkoshWisconsin Supreme Court · 1884
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