Tabor v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James 0. Tabor, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 28th day of January, 1909, upon the verdict of a jury of no cause of action, and also from an order entered in said clerk’s office on the same day denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The plaintiff was injured about eight o’clock in the evening of March 27, 1907, while driving along Rhode Island street in the city of Buffalo. He drove into a hole or excavation in the street and was precipitated to the ground over the footboard of the cart in which he was riding, sustaining injuries.
Rhode Island street is an important and much-traveled street, extending practically east and west. In January, 1907, the owner of lot Ho. 456, on the north side of the street, obtained a permit to take water tó a dwelling house from the city pipe, and also to make sewer connections,…
2Cases cited7 opinions
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Parks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Schumacher v. . City of New YorkNew York Court of Appeals · 1901
- Parks v. . City of New YorkNew York Court of Appeals · 1907
- Godfrey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by9 opinions
- Mankes v. FishmanAppellate Division of the Supreme Court of the State of New York · 1914
- Wrighter v. A. A. Adams Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1931
- Hayman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Rox v. Village of Great NeckNew York District Court · 1959
- Hollowell v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1975
4 more not listed; retrieve them via the Exa API.