Legal Opinion · Concurrence

Corson v. City of New York

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

Decided June 15, 1906Published

Appeai by the plaintiff, Mary E. Corson, 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 20th day of March, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term. .

1Concurrence

Gaynor, J.:

In concurring I am unwilling to appear to be of opinion that proof of prior accidents is any evidence that the place was- “ obviously ” dangerous, and negligence can be predicated only On a finding of fact that the place was “obviously” dangerous. It is not enough tjiat it was.dangerous, which previous accidents might show to be the fact-it lnust.be obviously dangerous to persons of ordinary prudence and foresight. Evidence of former accidents at the sanie place is .only admissible as notice to the defendant that the place was dangerous. If knowledge of such accidents be .brought…

2Cases cited1 opinion

  1. Morrow v. Westchester Electric Railway Co.New York Supreme Court · 1900

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