Cooley v. Trustees of New York & Brooklyn Bridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Trustees of the New York and Brooklyn Bridge, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 8th day of J uly, 1898, upon the verdict of a jury for $1,000, and also from an ■ order entered in said clerk’s office on the 13th day of July, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The plaintiff was injured by falling upon the steps of a stairway leading to the Brooklyn bridge. The occasion of his fall was a pile of dirt, composed of earth, banana peelings, cigar stumps, etc., situated upon the.fifth or sixth step from the bottom of the stairs, and about three inches in depth and eighteen inches long. The immediate cause of the fall was the stepping upon a banana peel which lay in this pile, and, slipping upon that, the plaintiff sustained somewhat serious injuries.
The evidence is quite meagre as to how the pile came to be upon this step, the proof in this…
2Cases cited2 opinions
- McGuire v. . SpenceNew York Court of Appeals · 1883
- Hauk v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Kaplowitz v. Interborough Rapid Transit Co.New York Supreme Court · 1907
- Levin v. AbrahamsAppellate Terms of the Supreme Court of New York · 1916
- Tod v. Interborough Rapid Transit Co.City of New York Municipal Court · 1927