De Agramonte v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City o.f Mount Vernon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 6th day of May, 1905, upon the verdict of a jury for $4,000,. and also from an Order entered in said clerk’s office on the 13tli day of June, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J. :
In the evening of August 2,1902, the plaintiff, when in a street of the city of Mount Vernon, saw a flash of light, heard an explosion, *292felt- a vibration of the earth, and was struck by a missile. Mot far distant an- Italian society was displaying fireworks in a celebration held in a city park. - A crowd of 3,000 people had gathered.' The plaintiff’s theory is that the missile was a piece of a pipe or tube broken and hurled through the air by the premature explosion of a bomb. Bombs are, usually made either of wood or paper,, and they are usually placed in a pipe or tube made fast…
2Cases cited13 opinions
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Speir v. . City of BrooklynNew York Court of Appeals · 1893
- Dunham v. . TownshendNew York Court of Appeals · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Claussen v. City of LuverneSupreme Court of Minnesota · 1908
- Von Lengerke v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Rill v. ChiarellaNew York Supreme Court · 1966
- Waldron v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1930
- De Agramonte v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1908
3 more not listed; retrieve them via the Exa API.