Cunningham v. City of Niagara Falls
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEdgcomb, J.
Plaintiff’s intestate, a girl eight years of age, was drowned on June 8, 1933, while wading or swimming in a pond in one of the public parks in the city of Niagara Falls. She had crossed from one side to the other at least three times, when suddenly she sank beneath the surface of the water for some reason which does not clearly appear. Her body was recovered by Mr. Bissell in water reaching up to his arm pits. Her administratrix has been awarded a verdict against the city upon the theory that decedent’s death was occasioned by the negligence of the municipality.
The park in question consisted…
2Cases cited16 opinions
- Hoffman v. City of BristolSupreme Court of Connecticut · 1931
- Harper v. City of TopekaSupreme Court of Kansas · 1914
- People v. GardnerMichigan Supreme Court · 1906
- Warren v. City of TopekaSupreme Court of Kansas · 1928
- Bates v. City of MonticelloCourt of Appeals of Kentucky · 1917
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3Cited by13 opinions
- Heard v. City of New YorkNew York Court of Appeals · 1993
- Hoggard v. City of RichmondSupreme Court of Virginia · 1939
- Pope v. StateNew York Court of Claims · 1950
- McCavic v. DeLucaSupreme Court of Minnesota · 1951
- McClain v. City of South PasadenaCalifornia Court of Appeal · 1957
8 more not listed; retrieve them via the Exa API.