Bolsenbroek v. Tully & Di Napoli, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
McNally, J. P.
A burning rag thrown on the face of the infant plaintiff, a lad of nine, caused injuries for which he and his father have recovered verdicts of $8,250.
Prior to February 21,1956, defendant-appellant had excavated a street ditch for the purpose of installing utility conduits. Defendant-appellant had barricaded the sidewalk side of the ditch; a mound of dirt was raised between the ditch and the street and, prior to the occurrence, lighted smudge pots had been placed along the street side of the ditch to warn vehicular traffic of its presence.
The infant plaintiff testified that on…
2Cases cited9 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Saugerties Bank v. . Delaware Hudson Co.New York Court of Appeals · 1923
- Morse v. Buffalo Tank Corp.New York Court of Appeals · 1939
- Perry v. . Rochester Lime Co.New York Court of Appeals · 1916
- Hoffman v. . KingNew York Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ward v. StateNew York Court of Claims · 1975
- Fornaro v. KerryAppellate Division of the Supreme Court of the State of New York · 1988
- Randolph v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
- Clinton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Ouimet v. Humble Oil & Refining Co.Appellate Division of the Supreme Court of the State of New York · 1976
4 more not listed; retrieve them via the Exa API.