Cohen v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 22, 1887, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 22, 1887, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action was brought to recover damages for the death of Asehel Cohen, plaintiff’s decedent, which occurred by reason of a wound in the head caused by the falling of a pair of thills, attached to a grocer’s wagon, upon him while he was walking through one of the streets of the city of Hew York. Evidence was given on the trial tending to prove the following…
1Opinion of the CourtPeckham, J.
The storing of the wagon in the highway was a nuisance. The primary use of a highway is for the purpose of permitting the passing and repassing of the public, and it is entitled to the unobstructed and uninterrupted use of the entire width of the highway for that purpose, under temporary exceptions as to deposits for building purposes, and to load and unload wagons, and receive and take away property for or in the interest of the owner of the adjoining premises, which, it is not now necessary to more specifically enumerate. The extent of the right of such exceptional user was before us in the…
2Cases cited5 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Irvine v. . WoodNew York Court of Appeals · 1872
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- People ex rel. O'Reilly v. MayorNew York Supreme Court · 1880
3Cited by117 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- De Witt Properties, Inc. v. City of New YorkNew York Court of Appeals · 1978
- Speir v. . City of BrooklynNew York Court of Appeals · 1893
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
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