Irvine v. . Wood
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Superior Court of the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 4 Robt., 138.) This action was brought to recover damages sustained by the plaintiff by falling into a coal-hole in the sidewalk in front of a house on Broadway, New York, in October, 1863. The defendant, Fowler, was the landlord,, and the defendants, Wood, were the tenants of the premises 596 Broadway, in the city of Hew York. Fowler was not the owner of the fee of the premises, but had taken an assignment of a…
1Opinion of the Court
Earl, C.
Ho one appeared upon the argument for defendant Fowler. He seems to have abandoned his appeal; and hence, as to him, the judgment must be affirmed by default, ’ with costs. It remains, therefore, simply to be considered whether the judgment can properly be upheld against the defendants Wood.
These defendants did not allege, in their answer, that the coal-hole was constructed by any license from the proper city authorities. They simply put in issue the allegations in the complaint as to the condition of the hole, and their conduct in reference to it; and they did not ask the court to…
2Cases cited7 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
- People v. ErwinNew York Supreme Court · 1847
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3Cited by89 opinions
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- Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
- Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
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