Legal Opinion

Mayor v. Sheffield

Supreme Court of the United States

Decided February 13, 1867PublishedCited by 37 opinions

ERROR to the Circuit Court for the Southern District of Hew York.’ The action below was brought by W. P. Sheffield, against the Mayor, &c., of Hew York, to recover damages for injuries received by him from stumbling over a stump at the edge of the sidewalk around the lower end of the City Hall Park, iu the city of Hew York. Upon the trial it appeared that on the 16th December, 1857, Sheffield, while crossing, in the evening,, the lower end of the.

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ERROR to the Circuit Court for the Southern District of Hew York.’ The action below was brought by W. P. Sheffield, against the Mayor, &c., of Hew York, to recover damages for injuries received by him from stumbling over a stump at the edge of the sidewalk around the lower end of the City Hall Park, iu the city of Hew York. Upon the trial it appeared that on the 16th December, 1857, Sheffield, while crossing, in the evening,, the lower end of the. City Ilall Park, fell over a stump above the level of the sidewalk and broke his thigh-bone; that the stump was about fourteen inches distant from…

1Opinion of the CourtJustice Miller

1. The first error claimed to be found in the record of this case is based on the proposition of the defendant below, that the locus in quo was not a legally established public street, and therefore the city was not liable for its condition. On this point the court ruled adversely to. the city.

The facts as shown by the bill of exceptions in reference to this matter are in substance these: The place where the accident occurred was formerly a part of the City Hall Park, the property of the corporation of the city of Hew York. In Hovember, 1847, the City Council ordered that the'lower…

2Cited by37 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Workman v. New York CitySupreme Court of the United States · 1900
  3. Langley v. City CouncilSupreme Court of Georgia · 1903
  4. Requa v. . the City of RochesterNew York Court of Appeals · 1871
  5. Wilson v. City of WheelingWest Virginia Supreme Court · 1882

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