McCloskey v. . Buckley
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 3, 1916, affirming a judgment in favor of plaintiff entered lipón a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in charging that the gate post, if on the street, even though within the courtyard or stoop line, was a nuisance as a matter of law.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 3, 1916, affirming a judgment in favor of plaintiff entered lipón a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in charging that the gate post, if on the street, even though within the courtyard or stoop line, was a nuisance as a matter of law. (Melker v. City of New York, 190 N. Y. 481; Murphy v. Leggett, 164 N. Y. 121; McMillan v. Klaw, 107 App. Div. 407; Dougherty v. Vil. of Horseheads, 159 N. Y.…
1Opinion of the CourtPound, J.
This is an action in which plaintiff has recovered damages by reason of injuries sustained under the following circumstances: Defendant Buckley’s intestate owned a lot on Homecrest avenue in that part of the city of New York' which was once the town of Gravesend; on the rear of the lot, on East Thirteenth street, was a hedge about three feet high through which was an opening for the driveway to the barn. Sometime prior to July 14, 1911, Buckley replaced two iron posts that had for some years been on the sides of this entrance with two ornamental brick posts or columns, nine feet apart, about…
2Cases cited8 opinions
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Melker v. . City of New YorkNew York Court of Appeals · 1908
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
- Robert v. . PowellNew York Court of Appeals · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hynes v. . N.Y.C.R.R. Co.New York Court of Appeals · 1921
- Hynes v. New York Central RailroadNew York Court of Appeals · 1921
- Hine v. Aird-Don Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Keenan v. Lawyers Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1938
- Mendez v. GoroffNew York Supreme Court · 1960
8 more not listed; retrieve them via the Exa API.