Legal Opinion
Whittaker v. Village of Franklinville
New York Court of Appeals
Decided July 3, 1934PublishedCited by 26 opinions
1Opinion of the CourtHubbs, J.
On the night of July 3, 1931, certain residents of the defendant village assembled in a small park in the village to inaugurate a Fourth of July celebration by the use of a bonfire, fireworks and the firing off of a home-made cannon. The appellant Daisy Whittaker, while in an automobile on an adjoining street was seriously injured by being struck by a piece of the cannon which burst when fired off. Separate actions were brought by her and her husband to recover damages growing out of the injury suffered. The actions were tried together.
The learned trial justice submitted to the jury the…
2Cases cited22 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Augustine v. Town of BrantNew York Court of Appeals · 1928
17 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Torsoe Bros. Construction Corp. v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1975
- Stevens Et Ux. v. PittsburghSuperior Court of Pennsylvania · 1937
- De Sena v. GuldeAppellate Division of the Supreme Court of the State of New York · 1965
- Abernathy v. City of ColumbiaSupreme Court of South Carolina · 1948
21 more not listed; retrieve them via the Exa API.