Kunz v. . City of Troy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 17, 1885, which affirmed a judgment in favor of defendant, entered upon an order non-suiting the plaintiff on trial. (Reported below 36 Hun, 615.) This action was brought to recover damages for alleged negligence causing the death of George W. Kunz, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 17, 1885, which affirmed a judgment in favor of defendant, entered upon an order non-suiting the plaintiff on trial. (Reported below 36 Hun, 615.) This action was brought to recover damages for alleged negligence causing the death of George W. Kunz, plaintiff’s intestate. The deceased was at the time of his death between five and six years of age. He had been accustomed to accompany his father, the plaintiff, who was in the employ of a man having a store on…
1Opinion of the CourtAndrews, J.
We think the case should have been submitted to the jury, The duty to keep the streets in the city of Troy in repair and free from obstructions is a corporate duty resting upon the municipality, springing from the acceptance by the city of its charter and the power of the municipal legislative body to protect the streets against nuisances, to the injury of the public right or of individuals lawfully using them.
The charter (Laws of 1816, chap. 131, § 15), makes the common council commissioners of highways within the city, and it is empowered to pass ordinances to regulate and keep in repair…
2Cases cited8 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Hartfield v. RoperNew York Supreme Court · 1839
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
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3Cited by79 opinions
- Brush v. CommissionerSupreme Court of the United States · 1937
- Camardo v. New York State RailwaysNew York Court of Appeals · 1928
- Boylhart v. DiMarco & Reimann, Inc.New York Court of Appeals · 1936
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
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