Cook v. Dean
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ellen Cook, as administratrix, etc., of' John Cook, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 30th day of January, 1896, upon the dismissal of the complaint directed by the court after a trial before tliecourt and a jury at a Trial Term of the Supreme Court held in and for the county of Kings.
1Opinion of the Court
Hatch, J.:
Plaintiff’s intestate met his death by the- falling of a temporary drawbridge over Fewtown creek, which divides the counties of Kings and Queens. Defendants entered into a contract with the boards of supervisors of the respective counties for the construction of a permanent .bridge over said creek, and also for the construction of the temporary structure which fell, the latter to be used by the general public until the new bridge should be completed. The contract was in writing and contained a clause for the construction of the bridge in accordance with the “ requirements, terms and…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Stack v. BangsNew York Supreme Court · 1872
3Cited by9 opinions
- Smyth v. . City of New YorkNew York Court of Appeals · 1911
- Metcalf v. MellenUtah Supreme Court · 1920
- Weber v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Schron v. Staten Island Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Haefelin v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1904
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