Crowther v. City of Yonkers
New York Supreme Court
Appeal from circuit court, Westchester county. Action by Catherine Crowther against the city of Yonkers for injuries caused by falling into an unguarded sewer-trench on a dark night. Plaintiff’s mind became so affected after the accident that she was incompetent to testify. From a judgment entered on a verdict for plaintiff for $5,000, together with an extra allowance of $250, and $125.82 costs, defendant appeals.
1Opinion of the CourtBarnard, P. J.
The defendant was constructing a sewer in Neppertron avenue. The sewer was only protected at the head of the excavation. The sides were left unprotected. On the night of the 7th of January, 1890, the plaintiff was found injured at the bottom of the sewer-trench, which was some 8 feet deep, and some 70 feet from the head of the sewer. The defendant was guilty of gross negligence. Pettengill v. City of Yonkers, 116 N. Y. 558, 22 N. E. Rep. 1095. The proof that the accident was caused by this neglect was sufficient. The plaintiff left her son’s house, in Jones place, at about 6 o’clock, to go to…
2Cases cited5 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Totten v. . PhippsNew York Court of Appeals · 1873
3Cited by3 opinions
- Wells v. City of LisbonNorth Dakota Supreme Court · 1910
- Smith v. City of JacksonMichigan Supreme Court · 1895
- Meck v. Nebraska Telephone Co.Nebraska Supreme Court · 1914