Leonard v. City of Hornellsville
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Wesley D. Leonard, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the Steuben Trial Term.
Read the full summary
Motion by the plaintiff, Wesley D. Leonard, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the Steuben Trial Term. The action was commenced on the 10th day of May, 1898, to-recover damages sustained by the plaintiff, he alleging that the defendant The City of Hornellsville wrongfully permitted a shooting gallery to be maintained adjacent to one of its streets, in such manner that it constituted a nuisance, and that the defendant Louise Zieger,…
1Opinion of the Court
McLennan, J.:
Assuming that the evidence established, as against the defendant city, that a nuisance to its knowledge existed upon private property *109adjacent to a public street of such a character as to make it dangerous for persons to go upon or travel over such street; that the city had power to abate such nuisance; that it failed to exercise such power, and that by reason of such failure the plaintiff sustained the injury complained of, is the defendant city liable ?
A municipal corporation authorized to make ordinances for the good government of its streets and citizens and which passes such…
2Cases cited6 opinions
- Little v. City of MadisonWisconsin Supreme Court · 1877
- Cain v. . the City of SyracuseNew York Court of Appeals · 1884
- Hubbell v. City of ViroquaWisconsin Supreme Court · 1886
- James' Adm'r v. Trustees of HarrodsburgCourt of Appeals of Kentucky · 1887
- Howard v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Whittaker v. Village of FranklinvilleNew York Court of Appeals · 1934
- Hanson v. BerryNorth Dakota Supreme Court · 1926
- Stubley v. Allison Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Blackaby v. City of LewistownAppellate Court of Illinois · 1932
- McGuinness v. Allison Realty Co.New York Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.