McMahon v. . Mayor
New York Court of Appeals
Appeal from judgment of Mew York Common Pleas. The action was hy the plaintiff, as administrator of his son, Thomas P., to recover damages occasioned by the death of the latter, which, it was alleged, was caused by the wrongful act, neglect and default of the defendants. The action was tried in the Mew York Common Pleas, in Movember, 1864, and resulted in a verdict for the plaintiff.
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Appeal from judgment of Mew York Common Pleas. The action was hy the plaintiff, as administrator of his son, Thomas P., to recover damages occasioned by the death of the latter, which, it was alleged, was caused by the wrongful act, neglect and default of the defendants. The action was tried in the Mew York Common Pleas, in Movember, 1864, and resulted in a verdict for the plaintiff. On the trial, exceptions were taken by the defendants to the refusal of a motion for a nonsuit, on the ground that no negligence on the part of the defendants had been shown; and also to a refusal to charge two…
1Opinion of the CourtWeight, J.
This was not a case to take from the jury. The evidence, that was but slightly conflicting, tended to establish a strong case of neglect and default on the part of the defend ants, by which the lad met a horrible death. Directly opposite the entrance to his father’s residence was a deep well, that had formerly been in use, some six feet wide at its mouth, and extending several feet under the sidewalk. About eight years before the accident, resulting in his death, this well had been closed, and the sidewalk constructed partly over its mouth. Instead of being filled" up, it was covered with…
2Cases cited1 opinion
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
3Cited by15 opinions
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Richmond, Fredericksburg & Potomac Railroad v. Martin's AdministratorSupreme Court of Virginia · 1903
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