McGarey v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James McGarey, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day df December, 1902, setting aside the verdict of a jury theretofore rendered in favor of the plaintiff. " "
1Opinion of the Court
Hooker, J.:
The plaintiff had the verdict of a jury in his action against the defendant for injuries sustained by him ás a result of being hit by a falling limb of a tree as he wás passing along one of the public streets in defendant city. Defendant’s motion to set aside the verdict, made *501before the entry of judgment, was granted by the court, and from the order setting aside the verdict the plaintiff appeals to this court.
The limb of the tree which caused the plaintiff’s injuries was about three inches in diameter and from three to four feet long. It is described by the plaintiff and his…
2Cases cited2 opinions
- Jones v. City of New HavenSupreme Court of Connecticut · 1867
- Danaher v. . City of BrooklynNew York Court of Appeals · 1890
3Cited by9 opinions
- Zacharias v. NesbittSupreme Court of Minnesota · 1921
- Tagg v. City of LockportAppellate Division of the Supreme Court of the State of New York · 1930
- Julian v. StateNew York Court of Claims · 1946
- Fitzgerald v. StateNew York Court of Claims · 1950
- Mosher v. StateNew York Court of Claims · 1948
4 more not listed; retrieve them via the Exa API.