Legal Opinion

Godfrey v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1905PublishedCited by 11 opinions

Appeal by the defendant, The City of Yew York, from a judgement of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Yew York on the 13th day of October, 1904, upon the .verdict of a jury for $30,000, and also from an order entered in said clerk’s office on the. 28th day of October, 1904, denying the defendant’s motion for a new trial made, upon the minutes.

1Opinion of the Court

Ingraham, J.:

On the evening of Yovenlber 9,1901, the plaintiff’s intestate was. driving upon St. Yicholas avenue at the intersection'of St. Yicholas .avenue and One Hundred and Fifty-third street in the city of Yew York, and ran into a heap of broken stone, was thrown from his wagon and killed, and the plaintiff, as his administratrix, sues to recover the damages sustained by his widow and next of kin. The jury found a verdict for the plaintiff, and from the judgment entered thereon the defendant, The City of Yew York, appeals.

Hpon the trial it appeared that on the 21st- day of May, 1901, the…

2Cases cited5 opinions

  1. Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  2. Speir v. . City of BrooklynNew York Court of Appeals · 1893
  3. Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
  4. Landau v. . City of New YorkNew York Court of Appeals · 1904
  5. Snowden v. . Town of SomersetNew York Court of Appeals · 1902

3Cited by11 opinions

  1. Mapp v. HollandSupreme Court of Virginia · 1924
  2. Von Lengerke v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
  3. Parks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
  4. Hamilton v. HarrisonSupreme Court of Kansas · 1928
  5. Tabor v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1910

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