Smith v. The Mayor, Aldermen & Commonalty of the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Smith, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 19 th. day of October, ■ 1896, upon the dismissal'" of the complaint directed by the court after a trial before the court and a jury. ■
1Opinion of the Court
Ingraham, J.:
The plaintiff, the owner of a cab, was driving through one- of the streets of ..the city of Hew "York between nine and ten o’clock - at night, when, in consequence of a depression in the street,, caused by a sinking of the pavement, his cab was injured; and .this, action is' brought to recover the amount expended.in repairing the cab.
*439The question is as to whether or not the city was negligent in allowing the street to become unsafe. In determining cases of this character the ground of the liability of a municipal corporation should always be kept clearly in mind. Such a…
2Cited by5 opinions
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- Dunn v. Richard & John StegemannCalifornia Court of Appeal · 1909
- Dickerman v. WeeksAppellate Division of the Supreme Court of the State of New York · 1905
- Brewer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- Servoss v. City of Amsterdam, New York County Courts1909