Legal Opinion
Power v. Rodgers & Hagerty, Inc.
Appellate Terms of the Supreme Court of New York
Decided December 18, 1913PublishedCited by 2 opinions
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Ellen Power against Rodgers & Hagerty, Incorporated. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtWhitaker, J.
The defendant was constructing a portion of the subway under contract with the city. It had built a board sidewalk along one of the city streets. Plaintiff, passing over it, slipped, fell, and was injured. She brings this action for damages for her injuries.
[1] It is distinctly stated by the plaintiff’s attorney, and urged by him, that the action is predicated upon the theory that defendant’s structure was a nuisance, and plaintiff’s recovery must depend upon that theory. It is stipulated in the case:
“That the defendant, Rodgers & Hagerty, Incorporated, at the time mentioned in the complaint…
2Cases cited2 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Jorgensen v. . SquiresNew York Court of Appeals · 1895
3Cited by2 opinions
- Jones v. HedgesCalifornia Court of Appeal · 1932
- Boecher v. City of St. PaulSupreme Court of Minnesota · 1921