Legal Opinion

Durkin v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided October 20, 1911PublishedCited by 3 opinions

Appeal by the plaintiff, Walter Durkin, an infant, etc., from a judgment of the Supreme Court'in favor of the defendant, entered in the office of the clerk of the county of Kings on the 8th day of December, 1910, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.

1Opinion of the Court

Burr, J.:

The crucial question in this case is as to the nature and extent of the duty which defendant owed plaintiff with regard to the property upon which the latter was injured. It was a vacant plot of ground upon Eastern parkway, near Underhill avenue. Originally it was acquired by the former city of Brooklyn for park purposes (Laws of 1860, chap. 488, as amd. by Laws of 1861, chap. 340). By a subsequent act (Laws of 1870, chap. 373, as amd. by Laws of 1873, chap. 795) it was provided that the Brooklyn park commissioners should be authorized to contract and sell at public auction, at such…

2Cases cited3 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. Cusick v. . AdamsNew York Court of Appeals · 1889
  3. Englehardt v. Central New England Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910

3Cited by3 opinions

  1. Aldrich v. City of New YorkNew York Supreme Court · 1955
  2. Headley v. City of NorthfieldSupreme Court of Minnesota · 1949
  3. City of Zumbrota v. Strafford Western Emigration Co.Supreme Court of Minnesota · 1980

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