McGrath v. Walker
New York Supreme Court
Appeal from circuit court, King’s county. Action by Sarah McGrath against Sarah F. Walker to recover damages for personal injuries sustained by falling into a sidewalk cellar entrance. The jury were directed to visit the scene of the accident, and while there a crowd gathered, some of whom made remarks in the presence of the jury about the case. From a judgment for plaintiff, and from an order denying a motion to set aside the verdict, defendant appeals.
1Opinion of the CourtDykhan, J.
By her complaint in this action the plaintiff charges the defendant with the ownership of the house and premises designated as “Kos. 13 and 15 Columbia Street, ” in the city of Brooklyn, and alleges that she wrongfully and unlawfully constructed and maintained a dangerous opening in the highway in front of the property. She then further states that on the 21st day of May, 1889, while walking upon the highway in front of such premises, without knowledge of the excavation, without want of care, she fell into it, and sustained a severe injury to her foot. The defendant, in her answer, admits her…
2Cases cited9 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Clifford v. . DamNew York Court of Appeals · 1880
- Irvine v. . WoodNew York Court of Appeals · 1872
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Davenport v. . RuckmanNew York Court of Appeals · 1868
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3Cited by2 opinions
- Allen v. WeissAppellate Division of the Supreme Court of the State of New York · 1951
- Holroyd v. SheridanAppellate Division of the Supreme Court of the State of New York · 1900