Legal Opinion

Hubbs v. Schwaneflugel

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

Decided November 13, 1903Published

Appeal from Queens County Court. Action by Clarence Hubbs against Frederick Schwaneflugel and another. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. Reversed.

1Opinion of the CourtHooker, J.

The plaintiff claims that the defendants were guilty of maintaining a nuisance by authorizing and permitting a trench to remain open across the city sidewalk in front of premises owned by them. The plaintiff fell into this trench and was injured.. He appeals from a judgment in favor of the defendants, rendered upon a verdict of no cause of action, and from an order denying his motion for a new trial.

The judgment and order must be reversed for the error in permitting evidence of a permission from the city for opening of the sidewalk. Such permission was not pleaded, and plaintiff objected to…

2Cases cited3 opinions

  1. Clifford v. . DamNew York Court of Appeals · 1880
  2. Brown v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
  3. Holroyd v. SheridanAppellate Division of the Supreme Court of the State of New York · 1900

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