Pettengill v. . City of Yonkers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the December Term, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. If the city caused the excavation and failed to protect it, it is liable for any consequences that happened from such neglect.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the December Term, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. If the city caused the excavation and failed to protect it, it is liable for any consequences that happened from such neglect. (Storrs v. City of Utica, 17 N. Y. 104.) The cause of action being for making an excavation in the street, and failing to properly protect and guard it, it was error…
1Opinion of the CourtBrown, J.
The plaintiff recovered a judgment at the circuit for $10,000 for personal injuries received by her in consequence of an obstruction in Yonkers avenue one of the public streets in the city of Yonkers.
The obstruction consisted of a heap of dirt and rocks thrown out from a trench dug for the purpose of laying water pipes-The night of the accident was very dark. and misty. The plaintiff was riding with her husband in a wagon drawn by one horse going east, and coming in contact with the heap of dirt and stones the wagon was overturned and the plaintiff injured.
The evidence as to the existence of…
2Cases cited6 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Brusso v. . City of BuffaloNew York Court of Appeals · 1882
- In Re Proving the Will of MartinNew York Court of Appeals · 1885
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3Cited by63 opinions
- City of Trenton v. New JerseySupreme Court of the United States · 1923
- Roberts v. Sewerage and Water Bd.Supreme Court of Louisiana · 1994
- Lopes v. RostadNew York Court of Appeals · 1978
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Carson v. City of GeneseeIdaho Supreme Court · 1903
58 more not listed; retrieve them via the Exa API.