Vale v. Bliss
New York Supreme Court
APPEAL by the defendants from a judgment of the city court of Brooklyn, rendered upon the verdict of a jury, in an action to recover damages for a personal injury. The facts are fully detailed in the opinion of the court. The plaintiff, in going upon the defendants’ premises, was a voluntary trespasser.
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APPEAL by the defendants from a judgment of the city court of Brooklyn, rendered upon the verdict of a jury, in an action to recover damages for a personal injury. The facts are fully detailed in the opinion of the court. The plaintiff, in going upon the defendants’ premises, was a voluntary trespasser. It was not a case of accidental and slight deviation from a public way, which might happen with ordinary care and attention, nor the case of an excava-' tion so near a public path that a person, while endeavoring to keep that path, is unintentionally precipitated into it; nor yet was it the…
1Opinion of the Court
By the Court,
Gilbert, J.
This action was brought to recover damages sustained by the plaintiff, by falling into an area or hole, which the defendants ■ had excavated on their premises situated on Bedford avenue, in the city of Brooklyn. It appears from the case that the defendants were building two houses on said premises, and that on the night of the first of March, 1867, the plaintiff, while walking along the sidewalk of said avenue, which is an open public street, in front of said buildings, came upon a pile of earth and stones, which the defendants had thrown out on the sidewalk, and which…
2Cases cited1 opinion
- Birge v. GardinerSupreme Court of Connecticut · 1849
3Cited by6 opinions
- Baltimore & Ohio Railroad v. BotelerCourt of Appeals of Maryland · 1873
- Walsh v. Fitchburg RailroadNew York Supreme Court · 1894
- City of South Omaha v. CunninghamNebraska Supreme Court · 1891
- Clary v. B. & M. R. R.Nebraska Supreme Court · 1883
- Brown v. Wabash RailroadCourt of Appeals of Kansas · 1901
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