Farley v. . the Mayor, Etc.
New York Court of Appeals
Appeal from a judgment of the Appellate ¡Division of the Supreme Court in the first judicial department, entered November 23, 1896, which affirmed a judgment in favor of defendant entered upon a decision of the court at a Trial Term of the Supreme Court held in and for the county of New York dismissing the complaint, and also affirmed an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate ¡Division of the Supreme Court in the first judicial department, entered November 23, 1896, which affirmed a judgment in favor of defendant entered upon a decision of the court at a Trial Term of the Supreme Court held in and for the county of New York dismissing the complaint, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages alleged to have been caused by the negligence of defendant in allowing an obstruction to remain in the driveway of a street, in the city of New York. The facts, so far as…
1Opinion of the Court
Andrews, Ch. J.
We think the case should have been submitted to the jury. The evidence would .have authorized a finding that for several months preceding the accident the-truck against which the hose cart collided had been, to the knowledge of the policemen on duty, left during the night time standing in the roadway on Broome street next to. the-curb, at or near the place where it was at the time of the collision, and that no report had been made by the policemen of' the fact, nor any measures taken by the public authorities by notice to the owner or by proceedings to enforce the penalty given…
2Cited by36 opinions
- Riley v. County of BroomeNew York Court of Appeals · 2000
- Workman v. New York CitySupreme Court of the United States · 1900
- Balthasar v. Pacific Electric Railway Co.California Supreme Court · 1921
- McGee v. Adams Paper & Twine Co.Appellate Division of the Supreme Court of the State of New York · 1966
- Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
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