Pack v. . the Mayor, C., of New York
New York Court of Appeals
The defendants appealed from a judgment against them rendered by the court of common pleas of the city and county of New York, in an action on the case, for damages sustained by the plaintiff through the alleged negligence and carelessness of workmen engaged in grading one of the streets of that city; the carelessness and negligence being charged in the declaration, as the acts of the defendants, their servants and agents.
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The defendants appealed from a judgment against them rendered by the court of common pleas of the city and county of New York, in an action on the case, for damages sustained by the plaintiff through the alleged negligence and carelessness of workmen engaged in grading one of the streets of that city; the carelessness and negligence being charged in the declaration, as the acts of the defendants, their servants and agents. The facts are sufficiently stated in the opinions which follow. The cause was submitted to this court on printed briefs. insisted, that this case could not be distinguished…
1Opinion of the Court
This was an action on the case to recover damages sustained by the plaintiff for injuries resulting to him in consequence of the carelessness, negligence and unskillfulness of the defendant, its servants and agents in leveling and regulating Bloomingdale road in the city of New York. "Not guilty," was pleaded. The evidence established that the plaintiff, in August, 1847, was and had been for eighteen months or more previously, in the possession, with his family, of a dwelling house on the corner of Fortieth street and Broadway, in New York: that on the 12th day of December, 1846, James…
2Cited by58 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- City of Logansport v. DickIndiana Supreme Court · 1880
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