Hutson v. . the Mayor, C., of New-York
New York Court of Appeals
These actions were commenced in the superior court of New-York, in April, 1850, and both presented the same legal questions. In the first, a recovery was sought for injuries done to Mrs. Hutson by the falling of a carriage, in which she was riding, into a chasm made in the construction of the Harlem railroad, in Fourth Avenue in the city of New-York. The second action was for injuries done to the carriage.
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These actions were commenced in the superior court of New-York, in April, 1850, and both presented the same legal questions. In the first, a recovery was sought for injuries done to Mrs. Hutson by the falling of a carriage, in which she was riding, into a chasm made in the construction of the Harlem railroad, in Fourth Avenue in the city of New-York. The second action was for injuries done to the carriage. The accident happened December 12, 1849, in the night, when it was very dark. It was proved that the excavation in the avenue (which was thirty-five or forty feet deep) was made by the…
1Opinion of the CourtMason, J.
The simple question is presented in these cases whether the defendants, who have negligently suffered a public street in the city of New-York to be and remain out of repair, are liable for damages sustained by the plaintiffs whilst carefully driving along such street, their carriage being overset, and the bad condition of the' road being the sole cause of the injury thereby sustained. It is insisted on the part of the plaintiffs that the defendants are liable, because it is their duty as a public municipal corporation to keep and maintain the streets of the city in proper repair; and…
2Cases cited1 opinion
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by33 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Workman v. New York CitySupreme Court of the United States · 1900
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
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