Hayes v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 13, 1909, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to a separate defense set forth in the answer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 13, 1909, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to a separate defense set forth in the answer. The following questions were certified : “ 1. Does the complaint herein state a cause of action for the maintenance of a nuisance? 2. Does the complaint herein state a cause of action for negligence. 3. Should the demurrer to that part of the defendant’s answer setting up the three years’ Statute of Limitations be sustained ?…
1Opinion of the CourtHaight, J.
This action was brought by the plaintiff to recover damages for a personal injury alleged to have occurred on the 12th day of March, 1902, on Second avenue, in the borough of Brooklyn, by reason of his stepping into a hole or rut while crossing the avenue. The complaint alleges that the defendant was operating a street surface railroad upon the avenue in question and that it was its duty to keep in repair that portion thereof between the rails of its tracks and two feet in width outside of its tracks and that for a long time jirior thereto the defendant suffered that portion of Second avenue…
2Cases cited4 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
3Cited by20 opinions
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Hostetler v. WardCourt of Appeals of Washington · 1985
- Gipstein v. KirshenbaumSupreme Court of Connecticut · 1934
- Lyman v. . Village of PotsdamNew York Court of Appeals · 1920
- Bernstein v. N. v. Nederlandsche-Amerikaansche Stoomvaart-MaatschappijDistrict Court, S.D. New York · 1948
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