Hume v. . the Mayor of the City New York
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon verdict, and affirming order denying motion for new trial.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon verdict, and affirming order denying motion for new trial. These actions were brought to recover damages from the defendants for injuries alleged to have been caused to the plaintiff in the first of said actions, and to the plaintiff’s testator in the second of said actions, by the falling of a wooden awning at the north-east corner of Fourth avenue and One Hundred and Twenty-fifth street, in the city of New York, on the 22d day of…
1Opinion of the CourtAllen, J.
By the decisions and judgments in these actions the liability of municipalities for injuries received by individuals while in and upon the public streets, is extended beyond that recognized by any former adjudication.
The city of New York, and all cities and villages having like powers, are, by the judgment of the court below, held responsible for the absolute safety of ah awnings and other structures above and extending over the streets or sidewalks, whether expressly permitted and allowed by the city authorities or only existing by mere sufferance, and to be insurers of all persons lawfully…
2Cases cited1 opinion
- Mayor v. SheffieldSupreme Court of the United States · 1867
3Cited by11 opinions
- Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
- Laitenberger v. StateNew York Court of Claims · 1947
- Town of Lewisville v. BatsonIndiana Court of Appeals · 1902
- Rowe v. PortsmouthSupreme Court of New Hampshire · 1876
- Fisher v. RankinNew York Supreme Court · 1889
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