McGinnis v. Hyman
New York Supreme Court
Appeal by the defendant from a judgment of the Municipal Oourt of the city of New York, second district, borough of Manhattan, rendered in favor of the plaintiff.
1Opinion of the CourtLehman, J.
The plaintiff herein alleged in his complaint that “ the defendant negligently and carelessly allowed and permitted the said coal hole to be improperly, insufficiently and defectively covered and protected, and by reason thereof plaintiff, who was then and there lawfully passing upon and along said street, without any fault or negligence on his part, fell and was precipitated into the said coal hole.”
Upon the trial it appeared that the coal hole was upon the premises of the defendant; that the defendant had ordered five tons of coal from Gordon & Co.; that Gordon & Co. delivered the five tons…
2Cases cited4 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- Berger v. ContentAppellate Terms of the Supreme Court of New York · 1905