George v. Cypress Hills Cemetery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Cypress Hills Cemetery, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of-June, 1897, upon the verdict a jury for $3,500, and also from an order entered in said clerk’s office on the 24th day of May, 18'97, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
By the verdict in this case the defendant corporation has been held to be chargeable with negligence, in allowing poison ivy to grow upon the grave of the plaintiff’s husband, in Cypress Hills Cemetery, so that the plaintiff was severely poisoned by such ivy in June, 1895, while she was engaged about the grave in planting flowers. The evidence that the plaintiff’s sufferings were actually ' caused by ivy poisoning was rather meagre. The physician whom she consulted at the time testified that he treated her but once for the trouble of which she complained, which was an…
2Cases cited3 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Beck v. . CarterNew York Court of Appeals · 1877
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
3Cited by6 opinions
- Town of North Hempstead v. GregoryAppellate Division of the Supreme Court of the State of New York · 1900
- Dutton v. Greenwood Cemetery Co.Appellate Division of the Supreme Court of the State of New York · 1903
- East Hill Cemetery Co. v. ThompsonIndiana Court of Appeals · 1912
- Meyer v. Saint Augustine's ChurchSupreme Court of Connecticut · 1929
- Cemetery Gardens, Inc. v. BlueweissCity of New York Municipal Court · 1931
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