Schumacher v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 14, 1899, sustaining plaintiffs’ exception to the dismissal of the complaint, ordered to be heard in the first instance by the Appellate Division, and directing a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 14, 1899, sustaining plaintiffs’ exception to the dismissal of the complaint, ordered to be heard in the first instance by the Appellate Division, and directing a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The permit granted by the deputy ■ commissioner of public works was clearly beyond his powers, and the alleged supervision or control exercised by virtue of its provisions imposed no liability on the city for the negligence…
1Opinion of the CourtYarn, J.
This action was brought to recover damages from the defendant on account of its alleged negligence, which resulted, as it is claimed, in injury to certain personal property of the plaintiffs while in the basement of their store on- the southwest corner of Eighteenth street and Fourth avenue in the city of 27ew York. The answer was in substance a general denial. The complaint was dismissed at the close of the. evidence for the plaintiffs, but their exceptions, when heard in the first instance by the Appellate Division, were sustained and a new trial was ordered.
The facts, as the jury might…
2Cases cited5 opinions
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Hines v. . the City of LockportNew York Court of Appeals · 1872
- Nims v. . Mayor, Etc., of the City of TroyNew York Court of Appeals · 1875
3Cited by17 opinions
- City of Portsmouth v. Mitchell Manufacturing Co.Ohio Supreme Court · 1925
- Ehret v. Village of ScarsdaleNew York Court of Appeals · 1935
- Kramer v. City of Los AngelesCalifornia Supreme Court · 1905
- Henry Clay v. Jersey CityNew Jersey Superior Court Appellate Division · 1962
- Gravey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
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