Bateman v. Ruth
New York Court of Common Pleas
-Appeal from a judgment of the Marine Court. This action was brought for injuries sustained by the plaintiff, by falling into a sewer in the course of construction, while attempting to cross Seventh avenue, at or near the intersection of Twenty-fourth street, on the 27th December, 1869, about seven o’clock, P. M. The complaint alleged that such injuries were due to the defendant’s negligence in not having the excavation properly guarded and in not having signal lights to…
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-Appeal from a judgment of the Marine Court. This action was brought for injuries sustained by the plaintiff, by falling into a sewer in the course of construction, while attempting to cross Seventh avenue, at or near the intersection of Twenty-fourth street, on the 27th December, 1869, about seven o’clock, P. M. The complaint alleged that such injuries were due to the defendant’s negligence in not having the excavation properly guarded and in not having signal lights to denote its existence and whereabouts. The defendant admitted in his answer that the sewer was open; that the defendant was…
1Opinion of the Court
*380By the Court.*
Robinson, J.
This court, upon the argument, disposed of several exceptions taken by the defendant in the course of the trial, and the only point left for decision, is whether upon the case presented by the pleadings and evidence offered on the part of the plaintiff, she failed to establish any right of recovery. When she closed her testimony, it appeared that the defendant was the contractor for building_ a sewer in Seventh avenue, and had in the progress of thé work excavated a deep trench in the Seventh avenue, across Twenty-fourth street; that on the night of the 27th of…
2Cases cited11 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Creed v. . HartmannNew York Court of Appeals · 1864
- Bass v. . ComstockNew York Court of Appeals · 1868
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