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