Legal Opinion
Swift v. City of New York
New York Court of Appeals
Decided March 3, 1936PublishedCited by 5 opinions
1Per curiam
There is no evidence that defendant was chargeable with notice of special danger to children from existing conditions. (Johnson v. City of New York, 208 N. Y. 77; McDonald v. Degnon-McLean Cont. Co., 124 App. Div. 824; affd., 205 N. Y. 502.) The ordinance was intended for the protection of persons traveling on the highway in the usual manner, and even, if applicable to the facts in this case, its violation is not shown to have been the proximate cause of plaintiff’s injury. No causal connection is shown.
The judgment of the Appellate Division and that of the Trial Term should be reversed and…
2Cases cited3 opinions
- Avery v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1912
- Johnson v. . City of New YorkNew York Court of Appeals · 1913
- McDonald v. Degnon-McLean Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- Bauman v. Be-Jel Realty Corp.New York Supreme Court · 1939
- Salsbury v. United Parcel Service Inc.City of New York Municipal Court · 1953
- Shemin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958
- MacKinnon v. Hendrickson Bros.Appellate Division of the Supreme Court of the State of New York · 1964
- Steeves v. City of RochesterNew York Court of Appeals · 1944