Legal Opinion

Howard v. City of Brooklyn

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

Decided May 24, 1898Published

Appeal from trial term. Action by Charles R. Howard against the city of Brooklyn. From a judgment on a verdict, and from an order denying a new trial, defendant appeals.

1Opinion of the CourtGoodrich, P. J.

The plaintiff, while walking on a sidewalk in the city of Brooklyn, was run into by a bicycle ridden on such sidewalk, and thrown down, receiving serious injuries. This action is brought to recover the amount of his damages. The issues were submitted to a jury, which rendered a verdict for the plaintiff; and, from the judgment entered thereon, this appeal was taken.

The complaint alleges that the charter of the city imposes upon it the duty “to maintain and keep the streets and sidewalks in said city in good order, and free from nuisances, and to properly protect them, so that people can pass…

2Cases cited18 opinions

  1. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  2. Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  3. Hayes v. City of OshkoshWisconsin Supreme Court · 1873
  4. Barker v. . SavageNew York Court of Appeals · 1871
  5. Speir v. . City of BrooklynNew York Court of Appeals · 1893

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