Gaines v. . City of New York
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 11, 1913, which affirmed a determination of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in favor of plaintiff and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The claim is not barred by the Statute of Limitations.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 11, 1913, which affirmed a determination of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in favor of plaintiff and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The claim is not barred by the Statute of Limitations. (Code Civ. Pro. § 405; People v. Helmer, 154 N. Y. 596; Cohens v. Virginia, 19 U. S. 264; P., C., C. & St. L. Ry. Co. v. Bemis,…
1Opinion of the Court
Cardozo, ¿V
In the evening of November 28, 1909, the plaintiff’s automobile ran against a steel truss, which divides the carriageway of a bridge in the city of New York. The bridge is part of Gerard avenue, in the bor ough of the Bronx, and spans a railroad cut between One -- Hundred and Fifty-first and One Hundred and Fifty-third streets. The evening was dark; there were no lights on the bridge; and a cloud of steam from a passing train settled down on the truss and obscured its presence. The driver of the car, when about a hundred and fifty feet from the bridge, saw this cloud of steam,…
2Cases cited19 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Mayor v. CooperSupreme Court of the United States · 1868
- Citizens' Bank v. CannonSupreme Court of the United States · 1896
- Smith v. McNealSupreme Court of the United States · 1883
- Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
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3Cited by199 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Elkins v. DerbyCalifornia Supreme Court · 1974
- Janson v. ChristensenArizona Supreme Court · 1991
- Bollinger v. National Fire InsuranceCalifornia Supreme Court · 1944
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
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